DEPARTMENT    OF    COMMERCE   AND    LABOR 
BUREAU    OF    STANDARDS 

S.  W.  STRATTON,  Director 


STATE  AND  NATIONAL  LAWS 


CONCERNING  THE 


WEIGHTS  AND  MEASURES 


OF  THE 

UNITED  STATES 


(SECOND  EDITION) 


REVISED  BY  WILLIAM  PARRY,  BUREAU  OF  STANDARDS 

UNDER  THE  DIRECTION  OF  L.  A.  FISCHER,  CHIEF  OF  THE  DIVISION  OF 

WEIGHTS  AND  MEASURES,  BUREAU  OF  STANDARDS 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1912 


•    ••*•«     • 
, .     •  *.<  .  ,     . 

*  *     **     «        C.i 


CONTENTS. 


Pace. 

Letter  of  submittal v 

Introduction VII 

National  laws  and  regulations  concerning  weights  and  measures i 

Laws  of  the  States,  Territories,  and  possessions  of  the  United  States  concerning 
weights  and  measures I/-535 


Page. 

Alabama 17 

Alaska 23 

Arizona 25 

Arkansas 27 

California 33 

Colorado 45 

Connecticut 51 

Delaware 61 

District  of  Columbia 71 

Florida 87 

Georgia 91 

Hawaii 97 

Idaho 99 

Illinois 105 

Indiana 113 

Iowa 121 

Kansas 133 

Kentucky 149 

Louisiana 155 

Maine 163 

Maryland 175 

Massachusetts 185 

Michigan 213 

Minnesota 221 

Mississippi 235 

Missouri 241 

Montana 249 


Page. 

Nebraska 267 

Nevada 277 

New  Hampshire 285 

New  Jersey 295 

New  Mexico 309 

New  York 317 

North  Carolina 335 

North  Dakota 343 

Ohio 353 

Oklahoma 367 

Oregon 379 

Pennsylvania 383 

Philippine  Islands •  413 

Porto  Rico 423 

Rhode  Island 425 

South  Carolina 437 

South  Dakota 451 

Tennessee 461 

Texas 471 

Utah 479 

Vermont 485 

Virginia 491 

Washington 499 

West  Virginia 509 

Wisconsin 515 

Wyoming 529 


Tables  of  the  legal  weights  (in  pounds)  of  a  bushel  of  various  commodities — 

Appendix 

Index 

in 


537 
545 


245773 


LETTER  OF  SUBMITTAL. 


DEPARTMENT  OF  COMMERCE  AND  LABOR, 

BUREAU  OF  STANDARDS, 
Washington,  January  i, 
SIR:  I  have  the  honor  to  submit  herewith  for  publication  a  revised  com- 
pilation of  the  Weights  and  Measures  Laws  of  the  United  States,  the  first 
edition  of  which,  published  in  1904,  was  begun  for  the  use  of  the  Bureau  of 
Standards  and  not  for  the  purpose  of  publication.  On  account,  however,  of  the 
interest  that  these  laws  have  for  legislators,  State  and  city  sealers  of  weights 
and  measures,  and  those  industries  whose  operations  cover  several  States,  it  was 
deemed  advisable  to  publish  the  laws,  particularly  since  the  information  collected 
could  otherwise  be  found  only  in  scattered  volumes  rarely  accessible  to  a  single 
individual.  The  usefulness  of  the  first  edition  has  been  fully  demonstrated  by 
the  large  demand  for  it. 

Numerous  changes  made  in  the  State  laws  relating  to  weights  and  measures 
during  the  past  few  years,  and  the  large  amount  of  new  legislation  on  the  subject, 
necessitate  a  complete  revision  of  the  first  edition.  The  scope  of  the  present 
edition  has  been  broadened  to  include  several  phases  of  the  subject  of  weights 
and  measures  not  covered  by  the  previous  edition.  The  revision  was  made  by 
William  Parry  under  the  direction  of  Louis  A.  Fischer,  Chief  of  the  Division  of 
Weights  and  Measures. 
Respectfully, 

S.  W.  STRATTON, 

Director. 
The  SECRETARY  OF  COMMERCE  AND  LABOR. 


INTRODUCTION. 


Section  VIII  of  Article  I  of  the  Constitution  of  the  United  States  authorizes 
Congress  to  "fix  the  standard  of  weights  and  measures,"  but  notwithstanding 
that  the  importance  of  the  subject  was  repeatedly  urged  by  Washington,  Adams, 
and  Jefferson,  in  their  messages  to  Congress,  no  general  legislation  has  ever  been 
enacted  in  regard  to  the  weights  and  measures  now  in  common  use.  At  the 
time  of  the  American  Revolution  the  weights  and  measures  in  common  use  were 
of  English  origin.  Most  of  them  had  been  procured  from  time  to  time  by  the 
colonies  from  Great  Britain,  and  although  it  was  well  known  that  there  were 
variations  in  those  of  the  same  denomination,  it  was  not  until  1830  that  the 
matter  received  attention  from  Congress.  At  this  time  an  investigation  of  the 
weights  and  measures  in  use  in  the  various  customhouses  was  ordered  by  a 
resolution  of  the  Senate.  As  a  result  of  this  investigation  the  avoirdupois  pound, 
the  English  yard,  the  wine  gallon  of  231  cubic  inches,  and  bushel  of  2150.42 
cubic  inches  were  adopted  by  the  Treasury  Department,  and  the  construction  of 
copies  of  the  standards  thus  established  was  immediately  undertaken  in  order  to 
supply  the  customhouses  with  uniform  weights  and  measures. 

In  1836  a  joint  resolution  of  Congress  directed  the  Secretary  of  the  Treasury 
to  deliver  to  the  governor  of  each  State  in  the  Union  a  complete  set  of  all  the 
weights  and  measures  adopted  as  standards  by  that  department,  to  the  end  that  a 
uniform  standard  of  weights  and  measures  might  be  established  throughout  the 
United  States.  Nearly  all  of  the  States  have  been  supplied  with  complete  sets 
of  standards  in  accordance  with  the  resolution  mentioned,  and  in  many  cases 
they  have  been  adopted  by  legislative  action  as  the  standards  of  the  State.  The 
fundamental  standards — the  pound,  yard,  gallon,  and  bushel — are,  therefore,  with 
certain  exceptions,  uniform  throughout  the  Union.  The  practice,  however,  in 
regard  to  the  use  of  the  two  units  last  mentioned  and  their  subdivisions  differs 
materially.  In  some  States  the  gallon  of  certain  commodities  is  defined  as  a 
definite  number  of  pounds.  Twelve  pounds  of  strained  honey  is  a  legal  gallon  in 
Nebraska;  6>£  pounds  of  kerosene  in  Kansas;  7%  pounds  of  linseed  in  Ohio,  and 
ii  pounds  of  sorghum  molasses  in  Indiana.  These  legal  weights  do  not  accord 
with  the  true  volume  of  i  gallon  of  231  cubic  inches. 

VII 


viii  Introduction 

In  many  of  the  States  the  legal  bushel  of  certain  commodities  is  specified  in 
pounds.  Special  bushels  have  also  been  legally  established  in  many  States  for 
particular  products,  such  as  the  charcoal  bushel,  which  in  Connecti&ut  is  2748 
cubic  inches,  in  Colorado  2500  cubic  inches,  and  in  Pennsylvania  2571  cubic 
inches.  In  Vermont  "one  bushel  and  three-quarters  of  a  peck  are  deemed  a 
bushel  of  charcoal,  lime,  or  ashes."  In  some  places  5  pecks  constitute  a  bushel 
of  "screened  lump  coal."  A  lime  bushel  in  Minnesota  is  2688  cubic  inches.  In 
Pennsylvania,  however,  it  is  equal  to  the  Winchester  bushel,  although  the  coke 
bushel  is  2648  cubic  inches.  The  coke  bushel  in  Missouri  is  2680  cubic  inches. 
Some  States  require,  furthermore,  "heaped  measure,"  others  "struck  measure," 
the  heap  sometimes  being  required  to  be  "as  high  as  the  article  will  admit,"  and 
elsewhere  "  as  high  as  may  be  without  special  effort  or  design,"  and  in  still  other 
cases,  as  in  Connecticut,  the  heaped  bushel  is  definitely  fixed  as  2564  cubic 
inches.  The  ton  of  coal  is  in  some  States  fixed  at  2000  pounds  and  La  others  at 
2240  pounds. 

This  diversity  causes  confusion  hi  the  commerce  between  the  different 
States.  That  there  is  need  for  authoritative  definition  by  weight  is  made 
evident  by  the  fact  that  Congress  has  found  it  necessary  to  specify  the  number 
of  pounds  of  certain  commodities  in  a  bushel.  These  values  were  adopted  by 
Congress  solely  for  use  in  the  customs  service,  and  do  not  supersede  the  State 
laws,  from  which  they  often  differ. 

In  the  Philippine  Islands,  Porto  Rico,  and  Guam  the  metric  system  of  weights 
and  measures  is  in  general  use,  and  it  is  the  sole  legalized  system  for  these  islands. 
The  use  of  the  metric  system  has  been  legal  in  the  United  States  since  1866,  and 
although  it  is  in  extensive  use  among  technical  and  scientific  men  it  is  not  in 
general  use  in  commercial  transactions.  Nevertheless  the  legal  status  of  the  metric 
system  is  in  some  respects  superior  to  that  of  our  customary  system  of  weights 
and  measures,  since  Congress  has  legalized  the  metric  system  as  a  whole  and 
specifically  stated  the  relation  of  the  various  units  to  one  another.  On  the  other 
hand,  the  system  of  weights  and  measures  in  common  use  in  the  United  States 
has  never  been  specifically  adopted  by  Congress  nor  are  the  relations  of  the  various 
units  to  one  another  fixed  except  by  custom.  It  is  therefore  not  possible  to  give 
a  list  of  the  legal  weights  and  measures  of  this  country,  such  as  may  be  found  in 
foreign  countries  where  the  standards  and  their  multiples  and  subdivisions  are 
fixed  by  law.  Congress  has  never  even  adopted  material  standards  for  our  cus- 
tomary system  of  weights  and  measures,  but  has  left  this  matter  to  the  discretion 
of  the  Treasury  Department. 

Until  1893  the  British  Imperial  yard  and  pound  were  recognized  by  the  Treas- 
ury Department  as  the  standards  of  the  United  States,  but  on  account  of  the 


Introduction  IX 

inferior  character  of  the  copies  of  these  standards  in  the  possession  of  the  depart- 
ment, it  was  decided  that  greater  stability  and  higher  accuracy  would  be  obtained 
by  accepting  the  international  meter  and  kilogram  as  the  fundamental  standards 
of  the  United  States.  The  yard  was  therefore  defined  as  a  certain  fraction  of  the 
meter  and  the  pounds  as  a  certain  fraction  of  the  kilogram,  the  values  adopted 
being  those  established  by  the  act  of  1866,  namely,  i  yard=|||^  meter,  and  i 
pound  avoirdupois=iT7WT  kilogram.  This  action  does  not  in  any  way  alter 
the  values  of  our  customary  weights  and  measures,  but  simply  fixes  them  in  terms 
of  standards  that  represent  the  highest  development  of  metrology.  If  any  further 
justification  for  this  action  were  needed,  it  would  be  found  in  the  fact  that  since 
it  was  taken  the  British  Government  has  had  constructed  an  iridio-platinum  yard, 
similar  in  material  and  form  to  the  International  Meter. 

In  view  of  the  confusion  resulting  from  the  diverse  and  conflicting  laws  in 
regard  to  our  customary  weights  and  measures,  as  shown  by  this  compilation,  it 
would  seem  that  some  action  tending  to  their  improvement  be  taken,  either  by 
Congress  or  by  the  joint  action  of  the  States,  and  it  is  believed  that  the  publica- 
tion of  the  laws  in  this  form  will  do  much  to  emhpasize  the  existing  discrepancies 
and  the  necessity  for  uniformity  in  standards  and  practices. 

In  this  compilation  great  care  has  been  taken  to  include  all  the  laws  per- 
tinent to  weights  and  measures.  The  latest  authorized  codes  and  compiled 
statutes  were  consulted;  or,  in  the  absence  of  such  authorized  works,  the  latest 
generally  accepted  compiled  statutes  were  taken.  Legislation  passed  sub- 
sequently to  these  works  was  taken  from  the  session  laws  on  file  in  the  Library 
of  the  Supreme  Court  of  the  United  States.  In  searching  for  the  laws  relating  to 
the  subject  in  hand,  numerous  relevant  statutes  were  found  which  were  not  in- 
dexed under  the  title  "weights  and  measures;"  and  it  frequently  became  neces- 
sary, on  account  of  the  sparseness  of  the  indexing  in  the  session  laws,  to  scrutinize 
the  entire  index.  A  considerable  portion  of  the  weights  and  measures  legislation 
found  in  the  session  laws  repealed  former  statutes,  either  directly  or  by  implica- 
tion, and  care  had  to  be  exercised  to  omit  all  repealed  legislation,  and  to  make  all 
necessary  corrections  and  appropriate  explanations. 

In  consulting  a  work  of  this  kind,  it  is  frequently  desirable  and  important 
to  know  whether  a  particular  law  has  been  on  the  statute  books  for  a  number  of 
years  or  whether  it  is  comparatively  new  legislation;  and  while  it  is  not  within 
the  scope  of  this  work  to  give  a  complete  history  of  the  acts  but  rather  to  give 
the  laws  as  they  now  exist,  it  has  been  deemed  advisable,  as  far  as  practicable,  to 
give  the  original  date  of  enactment,  and  the  date  of  any  amendment.  To  do  this 
involved  a  considerable  amount  of  labor,  it  being  necessary  at  times  to  refer  to 
books  not  contained  in  the  Supreme  Court  Library,  recourse  being  had  to  the 


X  Introduction 

Library  of  Congress.  The  following  method  has  been  used  in  showing  the  dates : 
First.  Where  a  date  (or  dates)  appears  above  the  entire  reference  from  which 
the  law  is  taken,  it  applies  to  all  the  sections  contained  under  that  reference; 
second,  where  a  date  appears  immediately  above  a  section  number,  it  applies  to 
that  section  and  to  those  following  until  another  date  is  given,  or  until  a  small 
zero  mark  appears  immediately  following  the  section  number,  thus,  "Sec.  491°," 
which  mark  is  used  to  indicate  that  the  date  of  enactment  of  the  particular 
section  is  not  known;  third,  where  no  date  appears  above  a  reference  or  above 
any  section  number  under  that  reference,  the  date  is  not  known;  fourth,  where 
reference  is  made  to  the  session  laws,  the  year  such  laws  were  passed  is  always 
given  in  the  reference,  thus,  "Sess.  Laws,  1911,  ch.  — ,  p.  — ,"  and  it  is  therefore 
unnecessary  to  duplicate  the  year  by  putting  it  above  the  reference.  All  dates 
are  inclosed  in  parentheses. 

It  has  not  been  practicable  in  all  cases,  with  the  limited  force  available  for 
the  preparation  of  this  work,  to  obtain  the  desired  dates.  For  instance,  in 
finding  the  date  of  passage  of  an  act  relating  to  thread  in  Rhode  Island,  con- 
stituting chapter  167,  page  568,  General  Laws,  1909,  no  date  of  enactment  is 
given,  but  reference  is  made  to  chapter  141,  General  Laws,  1896,  which  in  turn 
gives  no  date,  but  refers  to  chapter  120  of  the  Public  Statutes,  1882,  and  like- 
wise no  date  is  given  here,  but  reference  is  made  to  chapter  108  of  the  General 
Statutes  of  1872,  where  no  date  or  reference  is  to  be  found.  In  order  to  find 
the  date  of  passage  of  the  act  referred  to,  each  volume  of  the  session  laws  of 
Rhode  Island  prior  to  1872  would  have  to  be  searched  until  the  act  was  found. 
Obviously,  to  have  done  this  in  a  large  number  of  cases  would  have  entailed 
an  enormous  amount  of  labor  and  time  which  would  hardly  have  been  justified 
in  view  of  the  purpose  of  the  compilation. 


UNITED  STATES 

Congress    shall   have   the   power    *    *    *    To    coin    Money,   const  (u5s  Art  i 
regulate  the  Value  thereof  and  of  foreign  Coin,  and  fix  the  Stand-  8<*v8>1paVt 

%       -  „,.   .    ,  i   -»r  National  standard  of 

ard  Of  Weights  and  Measures ;  weights  and  measures 

The  Office  of  Standard  Weights  and  Measures  shall  hereafter   origuJa %$,  ch.  872> 
be  known  as  the  National  Bureau  of  Standards.  9*9'*4m 

That  the  functions  of  the  bureau  shall  consist  in  the  custody  v' 
of  the  standards;  the  comparison  of  the  standards  used  in  scien- standards 
tine  investigations,  engineering,  manufacturing,  commerce,  and   custody  of  standards 
educational  institutions  with  the  standards  adopted  or  recognized 
by  the  Government ;  the  construction,  when  necessary,  of  standards, 
their  multiples  and  subdivisions;  the  testing  and  calibration  of   construction  oi 
standard  measuring  apparatus ;  the  solution  of  problems  which 8  Tests s 
arise  in  connection  with  standards;  the  determination  of  physi- 
cal constants  and  the  properties  of  materials,  when  such  data  are   investigations 
of  great  importance  to  scientific  or  manufacturing  interests  and 
are  not  to  be  obtained  of  sufficient  accuracy  elsewhere. 

That  the  bureau  shall  exercise  its  functions  for  the  Government 
of  the  United  States;  for  any  State  or  municipal  government   sec.3 

..i  .        ,1        TT    .,      <     n,  p  .       .. f.     *         ,°.  .,  For  whom  its  func- 

within  the  United  States;  or  for  any  scientific  society,  educa-tions  may  be  exer- 
tional   institution,    firm,    corporation,    or   individual   within   thecise 
United  States  engaged  in  manufacturing  or  other  pursuits  requir- 
ing the  use  of  standards  or  standard  measuring  instruments. 
All  requests  for  the  services  of  the  bureau  shall  be  made  in  accord- 
ance with  the  rules  and  regulations  herein  established. 

That  the  director  shall  be  appointed  by  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate.     He  shall  have  the   |f,^|tor 
general  supervision  of  the  bureau,  its  equipment,  and  the  exer-   powers  and  duties 
cise  of  its  functions.     He  shall  make  an  annual  report  to  the   Annual  report 
Secretary  of  the  Treasury,1  including  an  abstract  of  the  work  done 
during  the  year  and  a  financial  statement.     He  may  issue,  when 
necessary,  bulletins  for  public  distribution,  containing  such  inf or-  ttonulletma  of  mforma- 
mation  as  may  be  of  value  to  the  public  or  facilitate  the  bureau  in 
the  exercise  of  its  functions. 

1  By  the  act  of  Congress  establishing  the  Department  of  Commerce  and  Labor,  the  National  Bureau 
of  Standards  was  transferred  to  the  new  Department.  The  words  "Commerce  and  Labor"  should  there- 
fore be  substituted  for  "  Treasury"  wherever  occurring  in  the  original  act. 

8578°— 12 1  ! 


Concerning  Weights  and  Measures 


Sec.  6 
Appointments 


Sec.  8 

Fees  for  tests,  etc. 


Sec.  9 
Regulations 


Sec.  10 

Visiting  committee 


That  the  officers  and  employees  provided  for  by  this  Act,  except 
the  director,  shall  be  appointed  by  the  Secretary  of  the  Treasury,1 
at  such  time  as  their  respective  services  may  become  necessary. 

That  for  all  comparisons,  calibrations,  tests,  or  investigations, 
except  those  performed  for  the  Government  of  the  United  States  or 
State  governments  within  the  United  States,  a  reasonable  fee  shall 
be  charged,  according  to  a  schedule  submitted  by  the  director  and 
approved  by  the  Secretary  of  the  Treasury.1 

That  the  Secretary  of  the  Treasury  *  shall,  from  time  to  time, 
make  regulations  regarding  the  payment  of  fees,  the  limits  of 
tolerance  to  be  attained  in  standards  submitted  for  verification, 
the  sealing  of  standards,  the  disbursement  and  receipt  of  moneys, 
and  such  other  matters  as  he  may  deem  necessary  for  carrying 
this  Act  into  effect. 

That  there  shall  be  a  visiting  committee  of  five  members,  to  be 
appointed  by  the  Secretary  of  the  Treasury,1  to  consist  of  men 
prominent  in  the  various  interests  involved,  and  not  in  the  em- 
ploy of  the  Government.  This  committee  shall  visit  the  bureau 
at  least  once  a  year,  and  report  to  the  Secretary  of  the  Treasury,1 
upon  the  efficiency  of  its  scientific  work  and  the  condition  of  its 
equipment.  The  members  of  this  committee  shall  serve  without 
compensation,  but  shall  be  paid  the  actual  expenses  incurred  in 
attending  its  meetings.  The  period  of  service  of  the  members  of 
the  original  committee  shall  be  so  arranged  that  one  member 
shall  retire  each  year,  and  the  appointments  thereafter  to  be  for  a 
period  of  five  years.  Appointments  made  to  fill  vacancies  occur- 
ring other  than  in  the  regular  manner  are  to  be  made  for  the  re- 
mainder of  the  period  in  which  the  vacancy  exists. 

For  the  purpose  of  securing  a  due  conformity  in  weight  of  the 
"samen"  coins  of  the  United  States  to  the  provisions  of  the  laws  relating 
weigh*  °fto  coinage,  the  standard  troy  pound  of  the  Bureau  of  Standards 
of  the  United  States  shall  be  the  standard  troy  pound  of  the  Mint 
of  the  United  States,  conformably  to  which  the  coinage  thereof 
shall  be  regulated. 

R.s.,3S49,  as  amend-     It  shall  be  the  duty  of  the  Director  of  the  Mint  to  procure  for 

edstoda4rdI9weight  breach  mint  and  assay  office,  to  be  kept  safely  thereat,  a  series  of 

mints  and  assay  offices  stancjar(i  weights  corresponding  to  the  standard  troy  pound  of  the 

Bureau  of  Standards  of  the  United  States,  consisting  of  a  one- 

pound  weight  and  the  requisite  subdivisions  and  multiples  thereof, 

from  the  hundredths  part  of  a  grain  to  twenty-five  pounds.     The 

troy  weight  ordinarily  employed  in  the  transactions  of  such  mints 

and  assay  offices  shall  be  regulated  according  to  the  above  stan- 

dards at  least  once  in  every  year,  under  the  inspection  of  the  super- 

intendent and  assayer;  and  the  accuracy  of  those  used  at  the 


(1873) 


Troy  pound 


1  Now  Secretary  of  Commerce  and  Labor. 


United  States 


I4  stat  ' 


3S69 


Mint  at  Philadelphia  shall  be  tested  annually,  in  the  presence  of  Annual  testtag 
the  assay  commissioners,  at  the  time  of  the  annual  examination 
and  test  of  coins. 

It  shall  be  lawful  throughout  the  United  States  of  America  to 
employ  the  weights  and  measures  of  the  metric  system;  and  no 
contract  or  dealing,  or  pleading  in  any  court,  shall  be  deemed 
invalid  or  liable  to  objection  because  the  weights  or  measures 
expressed  or  referred  to  therein  are  weights  or  measures  of  the 
metric  system. 

The  Postmaster-General  shall  furnish  to  the  post-offices  exchang-    R.  Jf^S/*"' 
ing  mails  with  foreign  countries,  and  to  such  other  offices  as  he  may  30i7sfcai3'5ch'  335>  p' 
deem  expedient  .  postal  balances  denominated  in  grams  of  the  metric    Metric   postal   bai- 

V7T  r       i-it.    u   i        ,1  •       1       .    r  .       ances  for  post  offices 

system,  fifteen  grams  of  which  shall  be  the  equivalent  for  postal 
purposes,  of  one-half  ounce  avoirdupois,  and  so  in  progression. 

The  tables  in  the  schedule  hereto  annexed  shall  be  recognized  in 
the  construction  of  contracts,  and  in  all  legal  proceedings,  *S 
establishing,  in  terms  of  the  weights  and  measures  now  in  use  in  Authored  tables  oi 

,«        »T    •-•.    j  Vvt  J.-L  i       j.         £   j.1  •    -LJ.  j 

the  United  States,  the  equivalents  of  the  weights  and  measures 
expressed  therein  in  terms  of  the  metric  system  ;  and  the  tables  may  lished 
lawfully  be  used  for  computing,  determining,  and  expressing  in 
customary  weights  and  measures  the  weights  and  measures  of  the 
metric  system. 

MEASURES  OF  LENGTH  Tables  of  units 

_     Length 


340  ch 


weights  and  measures 

estab. 


Metric  denominations  and  values 


Myriameter 10,000  meters. 

Kilometer 1,000  meters. 

Hectometer 100  meters. 

Dekameter 10  meters. 

Meter i  meter. 

Decimeter A  of  a  meter. 

Centimeter yj^  of  a  meter. 

Millimeter y^j  of  a  meter. 


Equivalents  in  denominations  in  use 


6.2137  miles. 

0.62137  miles,  or  3,280  feet  and  10  inches. 

328  feet  and  i  inch. 

393.7  inches. 

39.37  inches. 

3.937  inches. 

0.3937  inch. 

0.0394  inch. 


MEASURES  OF  CAPACITY 


Capacity 


Metric  denominations  and  values 


Names 

Number 
of  liters. 

Cubic  measure 

Dry  measure 

Liquor  or  wine  measure 

Kiloliter  or  stere.  . 
Hectoliter  

1,000 

i  cubic  meter  
•fy  of  a  cubic  meter  

1.308  cub.  yards  
2    bushels    and    3.35 

264.17  gallons. 
26.417  gallons. 

Dekaliter  

10  cubic  decimeters  

pecks. 
9.08  quarts  

2.6417  gallons. 

Liter  

i  cubic  decimeter  

0.908  quart  

1.0567  quarts. 

Deciliter  

JL 

Y\J  of  a  cub.  decimeter.  . 

6.1022  cub.  inch 

0.845  Bill. 

Centiliter  

-4_ 

0.338  fluid  ounce. 

Milliliter  

_JL_ 

i  cubic  centimeter 

0.061  cub.  inch  

0.27  fluid  dr?m. 

Equivalents  in  denominations  in  use 


Surface 


Weights 


Laws  Concerning  Weights  and  Measures 

MEASURES  OF  SURFACE 


Metric  denominations  and  values 

Equivalents  in  denominations  in  use 

Centare  i  square  meter. 

1,550     square  inches. 

WEIGHTS. 


Metric  denominations  and  values. 


Names. 

Number  of 
grams. 

Weight  of  what  quantity  of  water  at  maxi- 
mum density. 

Avoirdupois  weight. 

Millier  or  tonneau 

2204.6       pounds. 

hectoliter. 

Myriagram  

10,000 

o  liters  

22.046   pounds. 

Kilogram  or  kilo  

liter  

2.2046  pounds. 

Hectogram  

IOO 

deciliter   

3.5274  ounces. 

Dekagram  

o  cubic  centimeters.  .                      .          ... 

0.3527  ounce. 

Gram 

Decigram  

•fa 

•fa  of  a  cubic  centimeter  

I-5432  grains. 

Centigram  

o  cubic  millimeters  

0.1543  grain. 

Milligram  

, 

cubic  millimeter  

0.0154  grain. 

Equivalents  in  denomi- 
nations in  use. 


and  measures 


6     Be  it  resolved  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  the 
Secretary  of  the  Treasury  be,  and  he  is  hereby,  authorized  and 
^1^1  directed  to  fumish  to  each  State,  to  be  delivered  to  the  Governor 
metric  system  to  be  mr- thereof,  one  set  of  standard  weights  and  measures  of  the  Metric 

nished  to  the  States  ' 

system  for  the  use  of  the  States  respectively. 

Res.  NO.  26, 21  stat.,     Resolved,  by  the  Senate  and  House  of  Representatives  of  the 
52standard     weights  United  States  in  Congress  assembled,  That  the  Secretary  of  the 
Treasury  be,  and  he  is  hereby,  directed  to  cause  a  complete  set  of 
all  the  weights  and  measures  adopted  as  standards  to  be  delivered 
egesr  aericultural  col-to  the  Governor  of  each  State  in  the  Union,  for  the  use  of  agricul- 
tural colleges  in  the  States,  respectively,  which  have  received  a 
grant  of  lands  from  the  United  States,  and  also  one  set  of  the  same 
inft°itutionSmlthsonlan^or  ^ie  use  °f  t*16  Smithsonian  Institution:  Provided  That  the  cost 
of  each  set  shall  not  exceed  two  hundred  dollars,  and  a  sum  suffi- 
cient to  carry  out  the  provisions  of  this  resolution  is  hereby  appro- 
priated out  of  any  money  in  the  Treasury  not  otherwise  appro- 
priated. 

^]  ch  66       Hereafter  such  necessary  repairs  and  adjustments  shall  be  made 
7>  to  the  standards  furnished  to  the  several  States  and  Territories  as 
mSsuresas  may  be  requested  by  the  Governors  thereof,  and  also  to  stand- 


United  States 

ard  weights  and  measures  that  have  been,  or  may  hereafter  be, 
supplied  to  United  States  custom-houses  and  other  offices  of  the 
United  States,  under  Act  of  Congress,  when  requested  by  the  Sec- 
retary of  the  Treasury.1 

The  Secretary  of  the  Treasury  *  *  *  *  is  *  *  *  author- 
ized  and  directed  to  furnish  precise  copies  of  standard  weights  and  Sec8iStat''  ch  30I>  383> 
measures  bearing  the  seal  of  the  office  of  construction  of  standard  ard  weight!  anSd  nS- 
weights  and  measures  of  the  United  States,  and  accompanied  by  a  ures 
suitable  certificate,  to  any  State,  Territory,  or  institution  hereto- 
fore furnished  with  the  same,  upon  application  in  writing  by  the 
governor  in  the  case  of  a  State  or  Territory,  or  by  the  official  head 
in  the  case  of  an  institution,  setting  forth  that  the  copies  of  stand- 
ards applied  for  are  to  replace  similar  ones  heretofore  furnished,  in 
accordance  with  law,  by  the  office  of  construction  of  standard 
weights  and  measures  of  the  United  States  which  have  been  lost  or 
destroyed:  Provided,  That  the  applicant  shall,  before  the  said 
standards  are  delivered,  first  deposit  with  the  Secretary  of  the 
Treasury  *  the  amount  of  money  necessary  to  defray  all  expenses 
incurred  by  the  office  of  construction  of  standard  weights  and 
measures  in  furnishing  the  same,  which  amount  shall  be  covered 
into  the  Treasury  of  the  United  States  to  the  credit  of  miscellane- 
ous receipts,  as  soon  as  the  weights  or  measures  are  delivered  for 
transportation  into  the  hands  of  such  persons  as  are  designated  by 
the  officers  ordering  the  same.  Regulations  for  gov- 


Officers  shall,  for  all  official,  medical,  and  pharmacal  purposes,  u        and 


make  use  of  the  metric  system  of  weights  and  measures.     In  ex-  Hospital  service 

.  .    .  J  .  ,  Promulgated  by  the 

pressing  quantities  by  weight  the  terms  of  "gram  and  "centi-presidentNov.  21,1902 
gram,"  and  in  expressing  quantity  by  measure,  the  term  "cubic-  Metric2  system  re- 
centimeter,"  only  shall  be  employed. 


work 

Units  of  weight  and 
measure 


In  recording  thermometric   observations,   officers   shall  make    centigrade  tnermo- 

,.          IP  .1  ,-  1  ,  metric  scale  required 

use  of  and  refer  to  the  centigrade  scale. 

Upon  the  publication  of  the  new  supply  table  and  receipt  of  Se2SSylSwl?d  by 
the  new  forms,  all  requisitions,  invoices,  'receipts,  and  returns  qu^eedrm  nSSSawn* 
pertaining  to  medical  supplies  will  be  in  accordance  with  the  m  War  Department 
metric  system  of  weights  and  measures. 

After  the  3oth  day  of  Tune,   1894,  the  use  of  this  system  in    Required  in  aii  pre- 

...  ~,    ,    ,  •».•-*.«       ,  «      •  „  scnptions 

writing  official  prescriptions  is  desired;  on  and  after  the  ist  day  of 
January,  1895,  such  use  is  hereby  ordered. 

Metric  measures,  weights,  and  prescription  blanks  will  soon  be 
issued  to  all  posts  without  requisition. 

1  Now  Secretary  of  Commerce  and  Labor. 


6  Laws  Concerning  Weights  and  Measures 

Until  medical  supplies  now  in  stock  in  troy  and  avoirdupois 
weights  are  exhausted,  the  following  approximate  values  may  be 
considered  as  equivalent  in  transferring  original  packages : 
i  ounce  =   30  grammes, 

i  pound         =   ]4  kilogram. 
i  fluid  ounce  =   30  cubic  centimeters, 
i  pint  =  500  cubic  centimeters, 

i  quart  =     i  liter, 

i  yard  =      i  meter. 

weights  and  Meas-  *  *  *  The  Office  of  Weights  and  Measures,  with  the 
"Tpprove^by'secre- approval  of  the  Secretary  of  the  Treasury1,  will  in  the  future, 
Sr  s°f  iSe  Treasury>  regard  the  International  Prototype  Metre  and  Kilogramme  as 
derived  fromin^neter^un(^amenta^  standards,  and  the  customary  units,  the  yard  and 
and  kilogram.  the  pound,  will  be  derived  therefrom  in  accordance  with  the  Act 

of  July  28,  1866. 

1  Now  Secretary  of  Commerce  and  Labor. 


United  States 


For  the  purpose  of  securing  uniformity  the  following  is  estab-    27  &,£**$  ,3I>  746, 
lished  as  the  only  standard  gauge  for  sheet  and  plate  iron  and  secjtandard 
steel  in  the  United  States  of  America,  namely : 


Number 
of  gauge 

Approxi- 
mate 
thickness 
in  frac- 
tions of 
an  inch 

Approximate 
thickness  in 
decimal  parts 
of  an  inch. 

Approximate 
thickness  in 
millimeters. 

Weight 
per 
square 
foot  in 
ounces 
avoir- 
dupois. 

Weight 
per  square 
foot  in 
pounds 
avoirdu- 
pois. 

Weight 
per 
square 
foot  in 
kilo- 
grams. 

Weight 
per 
square 
meter 
in  kilo- 
grams. 

Weight 
per 
square 
meter  in 
pounds 
avoir- 
dupois. 

ooooooo 

1-2 

o-s 

12.7 

320 

20.00 

9-072 

97-65 

315.  38 

oooooo 

15-32 

•  46875 

11.90625 

300 

18.75 

8.505 

91-55 

301.  82 

ooooo 

7-16 

•4375 

11.1125 

280 

17-5° 

7-983 

8s-44 

188.37 

0000 

13-32 

•40625 

10.31875 

260 

16.25 

7-371 

79-33 

174.91 

000 

3-8 

•375 

9-525 

340 

15 

6.804 

73-34 

161.46 

00 

11-32 

•34375 

8-73125 

220 

13-75 

6.337 

67-13 

148.00 

0 

5-i6 

•3125 

7-9375 

200 

12.50 

5-6? 

61.03 

134-  55 

X 

9-32 

.  28125 

7-14375 

180 

11-25 

5-103 

54-93 

121.09 

3 

17-64 

.  265625 

6.  746875 

170 

10.  625 

4.819 

51-88 

114-37 

3 

1-4 

•25 

6-35 

160 

IO 

4-536 

48.83 

107.  64 

4 

15-64 

•  234375 

5-953I25 

150 

9-375 

4-252 

45-77 

100.91 

5 

7-32 

.31875 

5-  55625 

140 

8-75 

3-969 

42.72 

94-18 

6 

13-64 

.  203125 

5-  159375 

130 

8.125 

3-685 

39-67 

87-45 

7 

3-i6 

•1875 

4-  7625 

1  20 

7-S 

3.402 

36.62 

80.72 

8 

11-64 

•171875 

4-  365625 

no 

6.875 

3.118 

33-57 

74-oo 

9 

5-32 

•15625 

3-  96875 

IOO 

6.25 

2-835 

30-52 

67.27 

10 

9-64 

.  140625 

3-57I875 

90 

5-625 

2-552 

27.46 

6o-5S 

ii 

1-8 

•125 

3-175 

So 

5 

3.368 

24.41 

53-82 

13 

7-64 

•  109375 

2.778125 

70 

4-375 

1.984 

31-36 

47.09 

U 

3-32 

•09375 

2.38125 

60 

3-75 

i.  701 

18.31 

40.36 

14 

5-64 

.078125 

I-98437S 

50 

3-125 

1.417 

15.  36 

33-64 

IS 

9-128 

.0703125 

I-  7859375 

45 

2.8135 

i.  376 

13-73 

30.27 

16 

1-16 

•  0625 

I-  5875 

40 

2-5 

i-i34 

13.  21 

26.91 

i? 

9-160 

•  05625 

1.  42875 

36 

2.  25 

I.O2I 

10.99 

24.  22 

18 

I-2O 

•  05 

1.27 

32 

2 

.9072 

9-765 

21-53 

19 

7-l6o 

•04375 

1.  11125 

28 

1-75 

•7938 

8-544 

18.84 

20 

3-80 

•0375 

•9525 

24 

1-50 

.6804 

7-324 

16.  15 

21 

11-320 

•034375 

•873125 

22 

1-375 

.6237 

6-713 

14.80 

22 

1-32 

•  03125 

•793750 

2O 

1-25 

•567 

6-103 

13.46 

23 

9-320 

.028125 

•  7M375 

18 

1.135 

•5103 

5-493 

12.  II 

24 

1-40 

•  025 

•635 

16 

I 

•4536 

4.883 

10.  76 

25 

7-320 

.021875 

•  555625 

14 

-875 

•3909 

4.272 

9.42 

26 

3-100 

•  01875 

•47625 

12 

•75 

•  3402 

3-662 

8.07 

27 

11-640 

.0171875 

.  4365625 

II 

.6875 

•3"9 

3-357 

7.40 

28 

1-64 

.015625 

.396875 

IO 

-635 

•2835 

3-052 

6-73 

29 

9-640 

.  0140625 

•3571875 

9 

•563S 

.2551 

2-746 

6-05 

3° 

1-80 

.0125 

•3175 

8 

•5 

.2268 

2.441 

5-38 

31 

7-640 

.0109375 

•2778125 

7 

•4375 

.1984 

2.  136 

4.71 

32 

13-1280 

.01015625 

•  25796875 

6X 

•40625 

.1843 

1.983 

4-37 

33 

3-320 

•009375 

•238125 

6 

•375 

.  1701 

1-831 

4.04 

34 

11-1280 

•00859375 

.21828125  ' 

51/' 

•34375 

•1559 

1.678 

3-70 

35 

5-640 

.0078125 

•  1984375 

5 

•3125 

.1417 

I-526 

3-36 

36 

9-1280 

.00703125 

•17859375 

4^ 

.28135 

.  1276 

1-373 

3-03 

37 

17-2560 

.  006640625 

.  168671875 

4K 

.  265625 

•  1205 

1.297 

2.87 

38 

1-160 

.00625 

•  I587S 

4 

•35 

•»34 

I.  231 

2.69 

tor 

sheet    and    plate    iron 
and  steel 
Sheet-metal  gauge 


1  0.21828.125  vd.  R.  S.,  3570. 


8  Laws  Concerning  Weights  and  Measures 

And  on  and  after  July  first,  eighteen  hundred  and  ninety  three, 
same  and  no  other  shall  be  used  in  determining  duties  and 
taxes  levied  by  the  U.  S.  of  America  on  sheet  and  plate  iron  and 
steel.     But  this  act  shall  not  be  construed  to  increase  duties 
reparation  of  gauge  upon  any  articles  which  may  be  imported, 
standards  f^e  $ecretary  of  the  Treasury1  is  authorized  and  required  to 

prepare  suitable  standards  in  accordance  herewith, 
sec.  3  In  the  practical  use  and  application  of  the  standard  gauge 

Variations  allowed  in ,          .,  ,     11-   i      j  •    .•  *  .  j  i_    ir 

use  hereby  established  a  variation  of  two  and  one-half  per  cent  either 

28  statfdJ.  131.  P.  way  may  be  allowed. 

IOLegaT  units  of  eiec-     *    *    *     from  and  after  the  passage  of  this  Act  the  legal  units 

ashed measure  esteb-of  electrical  measure  in  the  United  States  shall  be  as  follows: 
unit  of  resistance,  First.  The  unit  of  resistance  shall  be  what  is  known  as  the  inter- 
national ohm,  which  is  substantially  equal  to  one  thousand  million 
units  of  resistance  of  the  centimeter-gram-second  system  of  electro- 
magnetic units,  and  represented  by  the  resistance  offered  to  an 
unvarying  electric  current  by  a  column  of  mercury  at  the  temper- 
ature of  melting  ice  fourteen  and  four  thousand  five  hundred  and 
twenty-one  ten  thousandths  grams  in  mass,  of  a  constant  cross- 
sectional  area,  and  of  the  length  of  one  hundred  and  six  and  three- 
tenths  centimeters. 

unit  of  current,  am-  Second.  The  unit  of  current  shall  be  what  is  known  as  the  inter- 
national ampere,  which  is  one-tenth  of  the  unit  of  current  of  the 
centimeter-gram-second  system  of  electro-magnetic  units,  and  is 
the  practical  equivalent  of  the  unvarying  current,  which,  when 
passed  through  a  solution  of  nitrate  of  silver  in  water  in  accordance 
with  standard  specifications,  deposits  silver  at  the  rate  of  one  thou- 
sand one  hundred  and  eighteen  millionths  of  a  gram  per  second, 
unit  of  electromotive  Third.  The  unit  of  electro-motive  force  shall  be  what  is  known 
as  the  international  volt,  which  is  the  electro-motive  force  that, 
steadily  applied  to  a  conductor  whose  resistance  is  one  interna- 
tional ohm,  will  produce  a  current  of  an  international  ampere,  and 
is  practically  equivalent  to  2  one  thousand  fourteen  hundred  and 
thirty-fourths  of  the  electro-motive  force  between  the  poles  or 
electrodes  of  the  voltaic  cell  known  as  Clark's  cell,  at  a  tempera- 
ture of  fifteen  degrees  centigrade,  and  prepared  in  the  manner 
described  in  the  standard  specifications. 

iomb"  °f  quantlty' cou"  Fourth.  The  unit  of  quantity  shall  be  what  is  known  as  the 
international  coulomb,  which  is  the  quantity  of  electricity  trans- 
ferred by  a  current  of  one  international  ampere  in  one  second, 
unit  of  capacity,  farad  Fifth.  The  unit  of  capacity  shall  be  what  is  known  as  the  inter- 
national farad,  which  is  the  capacity  of  a  condenser  charged  to  a 
potential  of  one  international  volt  by  one  international  coulomb 
of  electricity. 

1  Now  Secretary  of  Commerce  and  Labor. 


United  States 

Sixth.  The  unit  of  work  shall  be  the  Joule,  which  is  equal  to  ten  Un»  °'  work, 
million  units  of  work  in  the  centimeter-gram-second  system,  and 
which  is  practically  equivalent  to  the  energy  expended  in  one 
second  by  an  international  ampere  in  an  international  ohm. 

Seventh.  The  unit  of  power  shall  be  the  Watt,  which  is  equal  to    Unit  of  p°wer«  wa« 
ten  million  units  of  power  in  the  centimeter-gram-second  system, 
and  which  is  practically  equivalent  to  the  work  done  at  the  rate  of 
one  Joule  per  second. 

Eighth.  The  unit  of  induction  shall  be  the  henry,  which  is  thehe^nit   of   induction, 
induction  in  a  circuit  when  the  electro-motive  force  induced  in  this 
circuit  is  one  international  volt  while  the  inducing  current  varies 
at  the  rate  of  one  Ampere  per  second. 

That  it  shall  be  the  duty  of  the  National  Academy  of  Sciences  s**- 2 
to  prescribe  and  publish,  as  soon  as  possible  after  the  passage  of 
this  Act,  such  specifications  of  details  as  shall  be  necessary  for  the 
practical  application  of  the  definitions  of  the  ampere  and  volt 
herein  before  given,  and  such  specifications  shall  be  the  standard 
specifications  herein  mentioned.1 

Preparation,    printing,    publication,    and    distribution   by   the    2g  sta[rf<^  I66  p> 
Department  of  State  of  the  diplomatic,  consular,  and  other  com-  's° 

•  o,       o.       j,       ATM  r  •    1  Terms    of    weights, 

mercial  reports,     *     *     *     That  all  terms  of  measure,   weight,  measures,  and  money 

.,  1111  i  i  A  i  1*  f  «•  commercial  reports 

and  money  shall  be  reduced  to  and  expressed  in  terms  of  measure, 
weight,  and  coin  of  the  United  States,  as  well  as  in  the  foreign 
terms;  *  *  *  . 

Proof -spirit  shall  be  held  to  be  that  alcoholic  liquor  which  con-        (ISM,  1872) 
tains  one-half  its  volume  of  alcohol  of  a  specific  gravity  of  seven    standard49  of    proof 
thousand  nine  hundred  and  thirty-nine  ten-thousandths  (.7939) spiril 
at  sixty  degrees  Fahrenheit.     And  for  the  prevention  and  detec- 
tion of  frauds  by  distillers  of  spirits,  the  Commissioner  of  Internal    P"™41011  of  fraud» 
Revenue  may  prescribe  for  use  such  hydrometers,  saccharometers, 
weighing  and  gauging  instruments,  or  other  means  for  ascertain- 
ing the  quantity,  gravity,  and  producing  capacity  of  any  mash, 
wort,  or  beer  used,  or  to  be  used,  in  the  production  of  distilled 
spirits,  and  the  strength  and  quantity  of  spirits  subject  to  tax,  as 
he  may  deem  necessary;  and  he  may  prescribe  rules  and  regu- 
lations to  secure  a  uniform  and  correct  system  of  inspection, 
weighing,  marking,  and  gauging  of  spirits. 


In  all  sales  of  spirits  a  gallon  shall  be  held  to  be  a  gallon  of 
proof-spirit,  according  to  the  standard  prescribed  in  the  preceding    standard  gallon  to  be 

i.  £    -J.-L-  \    j      i         j   £        -L-L-      •  .._•  j  •  ^  used  In  sales 

section,  set  forth  and  declared  for  the  inspection  and  gauging  of 
spirits  throughout  the  United  States. 

That  the  word  "gallon"  wherever  used  in  the  internal-revenue        ^   (1879) 
law  relating  to  beer,  lager-beer,  ale,  porter,  and  other  similar  fer-  35i°sfcat2So' ch'  "5>  p~ 
mented  liquors,  shall  be  held  and  taken  to  mean  a  wine-gallon,  the ,  s 

1  See  Bulletin  No.  2,  Bureau  of  Standards,  for  detailed  specifications  herein  provided  for. 


(i866,  1867,   1872,   1873,        *       *       * 

1876) 
-  S.,  3339 

Standard    barrel 


10  Laws  Concerning  Weights  and  Measures 

liquid    measure   containing   two   hundred   and   thirty-one   cubic 

inches. 
stltari?h.6rtp.  if^.i      Flaxseed,  linseed,  and  poppy-seed  oil,  raw,  boiled,  or  oxidized, 

weight  per  gallon  lor  n^teen  cents  per  gallon  of  seven  and  one-half  pounds  weight, 
certain  oils  Every  distiller  shall  make  a  return  of  the  number  of  barrels  of 

15  Stat.,  ch.    186,   p.         •    .,         t.    ..,,      1    1          *   .  .  . 

150,  sec.  59  spirits  distilled  by  him,  counting  forty  gallons  of  proof-spirits  to 

R. s',833o887z         the  barrel,  whenever  such  return  is  demanded  by  the  collector  of 

Authorized  barrel  ofx-L       j'  + -:„+ 
proof  spirits  tnC  UlStriCt. 

by  whatever  name  such  liquors  may  be  called,  a  tax  of 
Olone  dollar  for  every  barrel  containing  not  more  than  thirty-one  gal- 
fermented  liquors  Ions;  and  at  a  like  rate  for  any  other  quantity  or  for  any  fractional 
part  of  a  barrel.  In  estimating  and  computing  such  tax,  the  frac- 
tional parts  of  a  barrel  shall  be  halves,  thirds,  quarters,  sixths,  and 
eighths;  and  any  fractional  part  of  a  barrel  containing  less  than 
one-eighth  shall  be  accounted  one-eighth;  more  than  one-eighth 
and  not  more  than  one-sixth,  shall  be  accounted  one-sixth;  more 
than  one-sixth,  and  not  more  than  one  fourth,  shall  be  accounted 
one-fourth;  more  than  one-fourth  and  not  more  than  one-third 
shall  be  accounted  one-third;  more  than  one-third  and  not  more 
than  one-half,  shall  be  accounted  one-half;  more  than  one-half, 
and  not  more  than  one  barrel,  shall  be  accounted  one  barrel;  more 
than  one  barrel,  and  not  more  than  sixty-three  gallons,  shall  be 
accounted  two  barrels,  or  a  hogshead.  *  *  *. 

R.S..  S?0  For  the  purpose  of  estimating  the  duties  on  importations  of 

buLshegiforce1rte1tahl.rod0-gram  tne  number  of  bushels  shall  be  ascertained  by  weight,  instead 
ucts  of  by  measuring;  and  sixty  pounds  of  wheat,  fifty-six  pounds  of 

corn,  fifty-six  pounds  of  rye,  forty-eight  pounds  of  barley,  thirty- 
two  pounds  of  oats,  sixty  pounds  of  pease,  and  forty-two  pounds 
of  buckwheat 1  avoirdupois  weight,  shall  respectively  be  estimated 
as  a  bushel, 
stl" ?h.  6rtP.  !Tsec.3i      Barley,  thirty  cents  per  bushel  of  forty-eight  pounds. 

weight0  oi  standard     Barley-malt,  forty-five  cents  per  bushel  of  thirty-four  pounds, 
bushel  of  certain  com-     Buckwheat,   fifteen   cents   per   bushel   of   forty-eight   pounds; 

modities  for  levying  du-.        *      +.  Jo 

tics 

Parle2y3i  Corn  or  maize,  fifteen  cents  per  bushel  of  fifty-six  pounds. 
Parle2y3~4ma"  Beans,  forty-five  cents  per  bushel  of  sixty  pounds. 
pa^ST*  Onions,  forty  cents  per  bushel  of  fifty-seven  pounds;     *     *     *. 
Parn2ormaize  Pease,  green,  in  bulk  or  in  barrels,  sacks,  or  similar  packages, 
Beans  twenty-five  cents  per  bushel  of  sixty  pounds;  seed  pease,  forty 
onions1  cents  per  bushel  of  sixty  pounds;  pease,  dried,  not  specially  pro- 
Pease63  vided  for  in  this  section,  twenty-five  cents  per  bushel;  split  pease, 
Potatoes  forty-five  cents  per  bushel  of  sixty  pounds;     *     *     *. 

Potatoes,  twenty-five  cents  per  bushel  of  sixty  pounds. 

1  Given  as  48  pounds  per  bushel  in  fourth  line  below  which  is  the  legal  weight  at  the  present  time. 


United  States  1 1 

Seeds:  Castor  beans  or  seeds,  twenty-five  cents  per  bushel  of 
fifty  pounds;  flaxseed  or  linseed  and  other  oil  seeds  not  specially 
provided  for  in  this  section,  twenty-five  cents  per  bushel  of  fifty- 
six  pounds;  *  *  *. 

Vinegar,  seven  and  one-half  cents  per  proof  gallon.     The  stand-    £j£;,2»    roof  alloll 
ard  proof  for  vinegar  shall  be  taken  to  be  that  strength  which 
requires  thirty-five  grains  of  bicarbonate  of  potash  to  neutralize 
one  ounce  troy  of  vinegar. 

Buttons  or  parts  of  buttons  and  button  molds  or  blanks,  fin-    «|,riiie2"  measure  for 
ished  or  unfinished,  shall  pay  duty  at  the  following  rates,  the  linebuttons 
button  measure  being  one-fortieth  of  one  inch,     *     *     *. 

Coal,  bituminous,  and  shale,  forty-five  cents  per  ton  of  twenty-    o^Ae.andcuim, 
eight  bushels,  eighty  pounds  to  the  bushel;  coal  slack  or  culm, ^ht> per  b>ushel  and> 
such  as  will  pass  through  a  half -inch  screen,  fifteen  cents  per  ton 
of  twenty-eight  bushels,  eighty  pounds  to  the  bushel:     *     *     *. 

That  all  articles  of  foreign  manufacture  or  production,  which  stalufh.  efp.  sf9'  3* 
are  capable  of  being  marked,  stamped,  branded,  or  labeled,  with-    country  of  origin  to 
out  injury,  shall  be  marked,  stamped,  branded,  or  labeled  in  legi- be  marked  on  articles 
ble  English  words,  in  a  conspicuous  place  that  shall  not  be  covered 
or  obscured  by  any  subsequent  attachments  or  arrangements,  so 
as  to  indicate  the  country  of  origin.     Said  marking,  stamping, 
branding,  or  labeling  shall  be  as  nearly  indelible  and  permanent 
as  the  nature  of  the  article  will  permit. 

All  packages   containing   imported   articles   shall   be  marked,  JSJfwSii countryVf 
stamped,  branded,  or  labeled  so  as  to  indicate  legibly  and  plainly,  ori«in' and  contents 
in  English  words,  the  country  of  origin  and  the  quantity  of  their 
contents,  and  until  marked  in  accordance  with  the  directions  pre- 
scribed in  this  section  no  articles  or  packages  shall  be  delivered 
to  the  importer. 

Should  any  article  or  package  of  imported  merchandise  bede^^llancc  before 
marked,  stamped,  branded,  or  labeled  so  as  not  accurately  to 
indicate  the  quantity,  number  or  measurement  actually  contained 
in  such  article  or  package,  no  delivery  of  the  same  shall  be  made 
to  the  importer  until  the  mark,  stamp,  brand,  or  label,  as  the  case 
may  be,  shall  be  changed  so  as  to  conform  to  the  facts  of  the  case. 

The  Secretary  of  the  Treasury  shall  prescribe  the  necessary    Re«ulationa 
rules  and  regulations  to  carry  out  the  foregoing  provision. 

If  any  person  shall  fraudulently  violate  any  of  the  provisions   pSntehment  for  false 
of  this  Act  relating  to  the  marking,  stamping,  branding  or  label- marktaK 
ing  of  any  imported  articles  or  packages;  or  shall  fraudulently 
deface,   destroy,   remove,   alter,   or  obliterate  any  such  marks, 
stamps,  brands,  or  labels  with  intent  to  conceal  the  information 
given  by  or  contained  in  such  marks,  stamps,  brands,  or  labels, 
he  shall  upon  conviction  be  fined  in  any  sum  not  exceeding  five 
thousand  dollars,  or  be  imprisoned  for  any  time  not  exceeding 
one  year,  or  both. 


12  Laws  Concerning  Weights  and  Measures 

R.s.,29sir)  Wherever  the  word  "ton"  is  used  in  this  chapter,  in  reference 

Ton  defined  to  weight,   it  shall  be   construed   as  meaning  twenty-hundred- 

^Hundredweignt  de-w^gh^    each   hundred-weight   being   one   hundred    and   twelve 

pounds  avoirdupois. 
R.s.,37i5fas amend-     ^  snall  n°t  be  lawful  for  any  officer  or  person  in  the  civil,  mili- 

ed  kar.  2/1895,  andtary.  or  naval  service  of  the  United  States  in  the  District  of  Colum- 
nar. 15, 1898  •  •     !  1-  «_«,       •  IP 
weighing  and  meas-bia  to  purchase  anthracite  or  bituminous  coal  or  wood  tor  the 

uring  of  coal  and  wood        ,  ,.  .  , .    .  ..1-1  1      n      i      r 

required  public  service  except  on  condition  that  the  same  shall,  before 

delivery,  be  inspected  and  weighed  or  measured  by  some  compe- 
tent person,  to  be  appointed  by  the  Head  of  the  Department  or 
chief  of  the  branch  of  the  service  for  which  the  purchase  is  made 
from  among  the  persons  authorized  to  be  employed  in  such  De- 
partment or  branch  of  the  service.  The  person  appointed  under 
this  section  shall  ascertain  that  each  ton  of  coal  weighed  by  him 
shall  consist  of  two  thousand  two  hundred  and  forty  pounds,  and 
that  each  cord  of  wood  to  be  so  measured  shall  be  of  the  standard 
standard  ton  of  coal  measure  of  one  hundred  and  twenty-eight  cubic  feet.  Each  load 

wood0  °  or  parcel  of  wood  or  coal  weighed  and  measured  by  him  shall  be 

accompanied  by  his  certificate  of  the  number  of  tons  or  pounds 
of  coal  and  the  number  of  cords  or  parts  of  cords  of  wood  in  each 
load  or  parcel. 

(1792)  The  money  of  account  of  the  United  States  shall  be  expressed  in 

Decimal  system  es-  dollars  or  units,  dimes  or  tenths,  cents  or  hundredths,  and  mills 

£gehsi  m  or  thousandths,  a  dime  being  the  tenth  part  of  a  dollar,  a  cent  the 

hundredth  part  of  a  dollar,  a  mill  the  thousandth  part  of  a  dollar; 

and  all  accounts  in  the  public  offices  and  all  proceedings  in  the 

courts  shall  be  kept  and  had  in  conformity  to  this  regulation. 

R  s  (7f75>  ^e  standard  for  both  gold  and  silver  coins  of  the  United 

standard  fineness  for  States  shall  be  such  that  of  one  thousand  parts  by  weight  nine 

hundred  shall  be  of  pure  metal  and  one  hundred  of  alloy.     The 

alloy  of  the  silver  coins  shall  be  of  copper.    The  alloy  of  the  gold 

coins  shall  be  of  copper,  or  of  copper  and  silver;  but  the  silver  shall 

in  no  case  exceed  one-tenth  of  the  whole  alloy. 

R.  s.,  3sn  The  gold  coins  of  the  United  States  shall  be  a  one-dollar  piece,1 

gofdacnotnsd  weightsof  which,  at  the  standard  weight  of  twenty-five  and  eight-tenths 
grains,  shall  be  the  unit  of  value;  a  quarter-eagle,  or  two  and  a  half 
dollar  piece;  a  three-dollar  piece;  a  half  eagle,  or  five-dollar 
piece;  an  eagle,  or  ten-dollar  piece;  and  a  double-eagle,  or  twenty- 
'•"-  dollar  piece.  And  the  standard  weight  of  the  gold  dollar  shall  be 
twenty-five  and  eight-tenths  grains;  of  the  quarter-eagle,  or  two 
and  a  half  dollar  piece,  sixty-four  and  a  half  grains;  of  the  three- 
dollar  piece,  seventy-seven  and  four-tenths  grains;  of  the  half- 
eagle  or  five  dollar  piece,  one  hundred  and  twenty-nine  grains; 

1  The  coinage  of  a  dollar  gold  piece  was  discontinued  pursuant  to  the  act  of  Sept.  26,  1890:  other  gold 
coins  contain  25.8  grains  per  dollar. 


United  States  13 

of  the  eagle,  or  ten  dollar  piece,  two  hundred  and  fifty-eight 
grains;  of  the  double-eagle,  or  twenty-dollar  piece,  five  hundred 
and  sixteen  grains. 

That   the   dollar   consisting   of   twenty-five    and   eight-tenths   3I  statTch.  4i.  4S, 
grains  of  gold  nine-tenths  fine,  as  established  by  section  thirty-five  sestandard  oi  value 
hundred  and  eleven  of  the  Revised  Statutes  of  the  United  States, 
shall  be  the  standard  unit  of  value,  and  all  forms  of  money  issued 
or  coined  by  the  United  States  shall  be  maintained  at  a  parity  of 
value  with  this  standard,  and  it  shall  be  the  duty  of  the  Secretary 
of  the  Treasury  to  maintain  such  parity. 

*    *    *     There  shall  be  coined  at  the  several  mints  of  the 


United  States,  silver  dollars  of  the  weight  of  four  hundred  andsec°i 
twelve  and  a  half  grains  Troy  of  Standard  silver,  as  provided  '1 


the  act  of  January  eighteenth,  eighteen-hundred  and  thirty- 
seven,  *  *  *  . 

The  silver  coins  of  the  United  States  shall  be  a  trade-dollar,1    R<'|7*  /j 
a  half-dollar,  or  fifty-cent  piece,  a  quarter  -dollar,  or  twenty-five-    standard  weights  of 

'     .  '.  j  AiT          •    i_-       f  .-I.     j.      j       subsidiary  silver  coins 

cent  piece,  a  dime,  or  ten-cent  piece;  and  the  weight  of  the  trade- 
dollar  1  shall  be  four  hundred  and  twenty  grains  troy  ;  the  weight 
of  the  half-dollar  shall  be  twelve  grams  and  one-half  of  a  gram; 
the  quarter-dollar  and  the  dime  shall  be,  respectively,  one-half 
and  one-fifth  of  the  weight  of  said  half-dollar. 

*    *    *     The  weight  of  the  piece  of  five  cents  shall  be  seventy-   R      Wrti 
seven    and    sixteen-hundredths    grains    troy;  of    the    three-cent    standard5  weight  of 

,  ,  1  .    ,  .  j      £  .-,  '  £  •    -i  j.  •          minor  coins 

piece,2  thirty  grains;  and  of  the  one-cent  piece,  forty-eight  grains. 

In  adjusting  the  weights  of  the  gold  coins,  the  following  devia-    R.s.(3S3s 
tions  shall  not  be  exceeded  in  any  single  piece:    In  the  double-  stSdardat  weight  fr<a£ 
eagle  and  eagle,  one-half  of  a  grain;   in  the  half  -eagle,  the  three-  Io^dd  colna 
dollar  piece,   the  quarter-eagle,   and  the  one-dollar  piece,   one- 
fourth  of  a  grain.     And  in  weighing  a  number  of  pieces  together, 
when  delivered  by  the  coiner  to  the  superintendent,  and  by  the 
superintendent  to  the  depositor,  the  deviation  from  the  standard 
weight  shall  not  exceed  one-hundredth  of  an  ounce  in  five  thousand 
dollars,  in  double-eagles,  eagles,  half-eagles,  or  quarter-eagles,  in 
one  thousand  three-dollar  pieces,  and  in  one  thousand  one-dollar 
pieces. 

In  adjusting  the  weight  of  the  silver  coins  the  following  devia-        (1873,1877) 
tions  shall  not  be  exceeded  in  any  single  piece:    In  the  dollar,  the  ed^fr!  ^'i?  amend" 
half  and  quarter  dollar,  and  in  the  dime,  one  and  one-half  grains.    Silver  coins 

In  adjusting  the  weight  of  the  minor  coins  provided  by  this          (1873) 
Title,  there  shall  be  no  greater  deviation  allowed  than   three   Minor3Sco7ins. 
grains  for  the  five-cent  piece  and  two  grains  for  the  three  and  one-  tion 
cent  pieces. 

1  The  laws  authorizing  the  coinage  and  issue  of  the  trade-dollar  were  repealed  by  the  act  of  Mar.  3, 
1887,  ch.  396.    Its  legal  tender  quality  had  been  abolished  by  the  resolution  of  July  22,  1876. 

2  Coinage  discontinued  by  act  of  Sept.  26,  1890,  ch.  945. 


14  Laws  Concerning  Weights  and  Measures 

Tolerate!5  loss  oi  Any  gold  coins  of  the  United  States,  if  reduced  in  weight  by 
weight  by  abrasion  natural  abrasion  not  more  than  one-half  of  one  per  centum  below 
the  standard  weight  prescribed  by  law,  after  a  circulation  of 
twenty  years,  as  shown  by  the  date  of  coinage,  and  at  a  ratable 
proportion  for  any  period  less  than  twenty  years,  shall  be  received 
at  their  nominal  value  by  the  United  States  Treasury  and  its 
offices,  under  such  regulations  as  the  Secretary  of  the  Treasury 
may  prescribe  for  the  protection  of  the  Government  against 
fraudulent  abrasion  or  other  practices. 

R.  s.,  5460  *     *     *     if  any  of  the  weights  used  at  any  of  the  mints  or  assay- 

weighfsyat°rmLtsr™r  offices  of  the  United  States  shall  be  defaced,  increased,  or  dimin- 
ished through  the  fault  or  connivance  of  any  of  the  said  officers 
or  persons  who  are  employed  at  the  said  mints  or  assay-offices, 
with  a  fraudulent  intent;  *  *  *  every  such  officer  or  person 
who  commits  any  or  either  of  the  said  offenses  shall  be  imprisoned 
at  hard  labor  for  a  term  not  less  than  one  year  nor  more  than  ten 
years,  and  shall  be  fined  in  a  sum  not  more  than  ten  thousand 
dollars. 

R.s.,26^  *     *     *     jt  shall  be  the  duty  of  the  surveyor     *     *     *     First. 

P  (643  A^pe^d'ixT)  ''  T°  superintend  and  direct  all  inspectors,  weighers,  measurers,  and 

semiyeariy  compari- orauprers  within  his  port.     *     *     *     To  examine,  and  from  time 

son    of    weights    and  °       ?  ,•       1       i  ,1        r-      .   *,         -,  f  V  1   T    i 

measures  used  in  cus-to  time,  and  particularly  on  the  first  Mondays  of  January  and  July 

tomhouses  .  ,  '  , ,        J       .    <,  J      ,      J.«  .  J  ,  . 

in  each  year,  try  the  weights,  measures  and  other  instruments 
used  in  ascertaining  the  duties  on  imports,  with  standards  to  be 
provided  by  each  collector  at  the  public  expense  for  that  purpose ; 
and  where  disagreements  or  errors  are  discovered,  to  report  the 
same  to  the  collector;  and  to  obey  and  execute  such  directions 
as  he  may  receive  for  correcting  the  same,  agreeably  to  the 
standards. 
R.  s./a^o^  I*1  all  cases  in  which  the  invoice  or  entry  does  not  contain  the 

wSt^quantlty  3  weight,  or  quantity,  or  measure  of  merchandise,  now  weighed,  or 

imports  measured,  or  gauged,  the  same  shall  be  weighed,  gauged,  or  meas- 

ured at  the  expense  of  the  owner,  agent,  or  consignee. 
R.  s.,  283 7"  All  invoices  shall  be  made  out  in  the  weights  or  measures  of 

measures  to'be  usedln  the  country  or  place  from  which  the  importation  is  made,  and  shall 
contain  a  true  statement  of  the  actual  weights  or  measures  of  such 

vo£igiMlunitsinin~mercnandise>  without  any  respect  to  the  weights  or  measures  of 

the  United  States. 
R.  s.,(a2s0)  The  Secretary  of  the  Treasury  shall,  by  regulation,  prescribe, 

caSli§fltsVgarappearonand  require  that  samples  from  packages  of  sugar  shall  be  taken 
by  the  proper  officers,  in  such  manner  as  to  ascertain  the  true 
quality  of  such  sugar;  and  the  weights  of  sugar  imported  in  casks 
or  boxes  shall  be  marked  distinctly  by  the  custom-house  weigher, 
by  scoring  the  figures  indelibly  on  each  package. 


United  States  1 5 

Every  master  shall  keep  on  board  proper  weights  and  measures    R  s  jj£2) 
for  the  purpose  of  determining  the  quantities  of  the  several  pro-JJS^tWSSr 
visions  and  articles  served  out,  and  shall  allow  the  same  to  be  chant  shipmasters 
used  at  the  time  of  serving  out  such  provisions  and  articles,  in  the 
presence  of  a  witness,  whenever  any  dispute  arises  about  such 
quantities,  and  in  default  shall,  for  every  offense,  be  liable  to  a 
penalty  of  not  more  than  fifty  dollars. 

Every  person  who  knowingly  uses  any  false  weights  or  meas-    R.s_(/3^) 
ures  in  ascertaining,  weighing,  or  measuring  the  quantities  of  grain,  (0^|suf^  iSer- 
meal,  or  vegetable  materials,  molasses,  beer,  or  other  substances  fining  materials-,  pen- 
to  be  used  for  distillation,  shall  be  fined  not  less  than  five  hundred* 
dollars  nor  more  than  five  thousand  dollars,  and  imprisoned  not 
less  than  one  year  nor  more  than  three  years.     Any  person  who   using    unregistered 
uses  any  molasses,  beer,  or  other  substance,  whether  fermented  on™ 
the  premises  or  elsewhere,  for  the  purpose  of  producing  spirits, 
before  an  account  of  the  same  is  registered  in  the  proper  book  pro- 
vided for  that  purpose,  shall  forfeit  and  pay  the  sum  of  one  thou- 
sand dollars  for  each  offense  so  committed. 

The  public  lands  shall  be  divided  by  north  and  south  lines  run   ^.s6;^ l8' 
according  to  the  true  meridian,  and  by  others  crossing  them  atHc^aena^rementofpub- 
right  angles,  so  as  to  form  townships  of  six  miles  square,1  unless    Size  of  townsnip  es_ 
where  the  line  of  an  Indian  reservation,  or  of  tracts  of  land  hereto-  tabiished 
fore  surveyed  or  patented,  or  the  course  of  navigable  rivers,  may 
render  this  impracticable;  and  in  that  case  this  rule  must  be  de- 
parted from  no  further  than  such  particular  circumstances  require. 

*  *     *     the  township  shall  be  subdivided  into  sections,  con-    size  of  legal  section 
taining,  as  nearly  as  may  be,  six  hundred  and  forty  acres  each,  byof 

running  through  the  same,  each  way,  parallel  lines  at  the  end  of 
every  two  miles ;  and  by  making  a  corner  on  each  of  such  lines,  at 
the  end  of  every  mile.  *  *  * 

*  *     *     All  lines  shall  be  plainly  marked  upon  trees,   and la ndSSSimSi tor 
measured  with  chains,  containing  two  perches  of  sixteen  and  one- 
half  feet  each,  subdivided  into  twenty-five  equal  links;  and  the 

chain  shall  be  adjusted  to  a  standard  to  be  kept  for  that  purpose. 

*  *    *     Each  section  or  subdivision  of  section,  the  contents          (l8°5) 
whereof  have  been  returned  by  the  surveyor-general,  shall  be  held   contente  of  public 
and  considered  as  containing  the  exact  quantity  expressed  in  such 

return;  and  the  half -sections  and  quarter-sections,  the  contents 
whereof  shall  not  have  been  thus  returned,  shall  he  held  and  con- 
sidered as  containing  the  one-half  or  the  one-fourth  part,  respec- 
tively, of  the  returned  contents  of  the  section  of  which  they  make 
part. 

The  registry  of  every  vessel  shall  express  her  length  and  breath,    R  s  <^ 
together  with  her  depth  and  the  height  under  the  third  or  spar  to^e  0?  sh?Psasuring 

1  The  instructions  of  the  surveyor  general  allow  for  the  convergency  of  meridians. 


1 6  Laws  Concerning  Weights  and  Measures 

deck,  which  shall  be  ascertained  in  the  following  manner:  The 
tonnage-deck,  in  vessels  having  three  or  more  decks  to  the  hull, 
shall  be  the  second  deck  from  below;  in  all  other  cases  the  upper 
deck  of  the  hull  is  to  be  the  tonnage-deck.  The  length  from  the 
fore  part  of  the  outer  planking  on  the  side  of  the  stem  to  the  after 
part  of  the  main  stern-post  of  screw-steamers,  and  to  the  after 
part  of  the  rudder-post  of  all  other  vessels  measured  on  the  top  of 
the  tonnage-deck,  shall  be  accounted  the  vessel's  length.  The 
breadth  of  the  broadest  part  of  the  outside  of  the  vessel  shall  be 
accounted  the  vessel's  breadth  of  beam.  A  measure  from  the 
underside  of  the  tonnage-deck  plank,  amidships,  to  the  ceiling  of 
the  hold  (average  thickness,)  shall  be  accounted  the  depth  of  hold. 
If  the  vessel  has  a  third  deck,  then  the  height  from  the  top  of  the 
tonnage-deck  plank  to  the  under  side  of  the  upper-deck  plank 
shall  be  accounted  as  the  height  under  the  spar-deck.  All  meas- 
urement to  be  taken  in  feet  and  fractions  of  feet ;  and  all  fractions 
of  feet  shall  be  expressed  in  decimals. 

R  s  (f  i5)  ^°  Par^  °^  any  vessel  shall  be  required  by  the  preceding  section 

Parts  to  be  excluded  to  be  measured  or  registered  for  tonnage  that  is  used  for  cabins  or 
staterooms,  and  constructed  entirely  above  the  first  deck,  which  is 
not  a  deck  to  the  hull.     *    *     * 
(.1864, 1882, 1886, 1895.     The  register  tonnage  of  every  vessel  built  within  the  United 

R.s.,4153^  States  or  owned  by  a  citizen  or  citizens  thereof  shall  be  her  entire 

internal  cubical  capacity  in  tons  of  one  hundred  cubic  feet  each, 
to  be  ascertained  as  follows :  *  *  * 

Net  or  register  ton-     And  the  proper  deduction  from  the  gross  tonnage  having  been 
made,  the  remainder  shall  be  deemed  the  net  or  register  tonnage 
of  such  vessels. 
(1825)  The  Secretary  of  the  Treasury  may,  under  the  direction  of  the 

standard  hydrometer  President,  adopt  such  hydrometer  as  he  may  deem  best  calculated 
to  promote  the  public  interest  for  the  purpose  of  ascertaining  the 
proof  of  liquors;  and,  after  such  adoption,  the  duties  imposed  by 
law  upon  distilled  spirits  shall  be  collected  according  to  proof 
ascertained  by  any  hydrometer  so  adopted. 


LAWS  CONCERNING  THE  WEIGHTS  AND  MEASURES  OF  THE  UNITED 

STATES 


ALABAMA 

No  state  office  shall  be  continued  or  created  for  the  inspection 
or  measuring  of  any  merchandise,  manufacture,  or  commodity, 
but  any  county  or  municipality  may  appoint  such  officers  when 
authorized  by  law. 

There  is  but  one  standard  of  measure  of  length  and  surface,  one 
of  weight,  and  one  of  capacity,  throughout  this  state,  which  must 
be  in  conformity  with  the  standard  of  measure  of  length,  surface, 
weight  and  capacity  established  by  Congress. 

All  contracts  made,  within  this  state  for  any  work  to  be  done,  or 
for  anything  to  be  sold  and  delivered,  must  be  construed  to  have 
been  made  according  to  the  standard  of  weight  and  measure  thus 
ascertained,  unless  the  parties  stipulate  to  the  contrary. 

Any  county  which  has  not  been  furnished  with  weights  and 
measures,  consisting  of  one  weight  of  fifty  pounds,  one  of  twenty- 
five  pounds,  one  of  fourteen  pounds,  one  of  seven  pounds,  two  of 
four  pounds,  two  of  two  pounds,  and  two  of  one  pound,  avoirdu- 
pois; one  measure  of  one  yard,  and  one  of  one  foot,  cloth  measure; 
one  measure  of  half  a  bushel,  one  of  one  peck,  and  one  of  one  half 
peck,  dry  measure;  one  measure  of  one  gallon,  one  of  a  half  gal- 
lon, one  of  a  quart,  one  of  one  pint,  one  of  one-half  pint,  and  one 
of  one  gill,  wine  measure,  in  conformity  with  such,  standard,  must 
be  supplied  therewith,  by  the  secretary  of  state,  as  early  as 
practicable. 

If  the  weights  and  measures  of  any  county  are  destroyed,  with- 
out the  fault  of  any  official  who  by  law  had  charge  of  the  same, 
the  secretary  of  state  shall,  upon  the  requisition  of  the  probate 
judge,  furnish  weights  and  measures  to  such  county. 

New  counties  must  be  furnished  with  weights  and  measures. 

For  the  expense  of  obtaining  such  weights  and  measures,  and 
furnishing  the  same  to  counties,  the  auditor  must,  on  the  account 
being  certified  by  the  secretary  of  state,  draw  his  warrant  on  the 
state  treasury. 

The  judge  of  probate  of  each  county,  when  furnished  with  such 
weights  and  measures,  must,  within  three  weeks  thereafter,  give 

8578°— 12 2  I? 


Const.,  1901 
Crini.  Code,  1907,  p. 
72 

Sec.  77 

No   State   inspection 
officer 

Pol.   Code,    1907,   p. 
1001 

(1807) 
Sec.  2429 
Standard 


Sec.  2430° 
Contracts 

Sec.  2431° 

Standards  furnished 
counties 

Mass 

Lengths 

Volume 


Sec.  2432 

In  case  of  destruction 


New  counties 
Sec.  2434° 

Expense 


Sec.  3435° 


1 8  Laws  Concerning  Weights  and  Measures 

Notice  of  receipt       notice  thereof  by  advertisement  at  the  court-house  door,  and  at 

five  other  public  places  in  the  county. 

sec.  3436*  Such  judges  must  try  all  weights  and  measures  presented  to 

seal  of  weights  and  them,    by   such   standards,   and   if   found   to  agree  with  same, 

measures  must  seal  them  with  a  seal  to  be  provided  at  the  expense  of  the 

county. 

sec.  2437"  Three  months  after  the  notice  prescribed  in  this  chapter  has 

Penalty  been  given,  every  person  selling  any  commodity,  by  weight  or 

measure,  which  does  not  correspond  with  such  standard,  forfeits 

the  sum  of  ten  dollars  to  any  person  suing  for  the  same. 

Sec-  2438°  The  set  of  balances  intended  for  the  adjustment  of  weights  and 

custody  ot  measures  furnished  to  this  state  by  act  of  Congress,  must  be  kept 

by  the  secretary  of  state. 

sec.  1439'  The  legal  weights  per  bushel  of  the  following  commodities  shall 

^   fc  ,   .be    as    follows:  Cottonseed,     thirty-two    pounds;  wheat,     sixty 

Weight  of  bushel  of  .  _  '.  J   ,  •       4.1! 

certain  commodities    pounds;  shelled  corn,  fifty-six  pounds;  corn  in  the  ear,  seventy 

pounds;  corn    in    the    shuck,    seventy-five    pounds;  peas,    sixty 

pounds;  rye,  fifty-six  pounds;  oats,  thirty-two  pounds;  barley, 

forty-seven  pounds;  Irish  potatoes,  sixty  pounds;  sweet  potatoes, 

fifty-five  pounds;  beans,  sixty  pounds;  dried  peaches,  unpeeled, 

thirty-three  pounds;  dried  peaches,  peeled,  thirty-eight  pounds; 

dried    apples,    twenty-four    pounds;    turnips,    fifty-five    pounds; 

bolted  meal,  forty-six  pounds;  unbolted  meal,  forty-eight  pounds. 

POI.  code,  1907.  vol.     The  Council  [of  municipal  corporations]  shall  have  the  right  to 

14  (1907)  provide  public  scales  and  an  inspection  of  weights  and  measures, 

IcaiesVetc.  and  to  provide  punishment  for  persons,  firms,  and  corporations 

using  fraudulent  weights  and  measures;     *     *     *. 
3o7:rpn9670de'  I9°7'  °h      -^  any  Person  shall  knowingly  buy  or  sell  by  false  weights  or 

sec.  7876  measures,  he  shall  be  deemed  a  common  cheat,  and  shall  be  pun- 

Buying  or  selling  by  '  ,  - 

false  weight  or  measure  ished  as  for  a  misdemeanor. 

Gen.  Acts,  1907,  p.  745     All  persons,  companies,  manufacturers,  dealers  or  agents  before 
Packages  branded  as  selling  or  offering  for  sale  in  this  state,  any  commercial  fertilizer  or 
fertilizer  material,  shall  brand  or  attach  to  each  bag,  barrel  or 
package,  the  brand  name  of  the  fertilizer,  the  weight  of  the  pack- 
age [in  pounds],  the  name  and  address  of  the  manufacturer,    *   *   *. 
crim.  code,  1907,  ch.      Any  miller,  firm,  person  or  corporation  shall  be  guilty  of  a  mis- 

193,  p.  431,  as  amended    *  J  .,  A     f  ...  «     '  , 

by  act "06, 1909,  P.  302  demeanor  who  manufactures,  grinds,  or  repacks  corn  meal,  or 
Regulations  for  man-  chops,  or  who  conducts  a  merchant  mill,  to  pack  or  cause  to  be 

ufacturers  of  com  meal  p^^  to  foe  offered  for  sale  to  merchants  or  the  general  public, 
or  to  carry  in  stock  with  intent  to  sell  corn  meal,  bolted  or  un- 
bolted, or  chops,  packed  in  any  other  than  six  pounds,  twelve 
pounds,  twenty-four  pounds,  forty-eight  pounds,  and  ninety-six 
pound  sacks,  or  ninety-six  pound  barrels,  and  one  hundred  and 
ninety-six  pound  barrels,  wood;  or  who  shall  fail  to  have  plainly 
painted  or  stenciled  upon  them  "  bolted  meal "  or  "  unbolted  meal," 


Alabama 


Sec.  6621 

Sale  of  corn  meal 


Sec.  6623 
Penalty 


or  "chops,"  steam  or  water  ground,  as  the  case  may  be,  as  indica- 
ting the  kind  of  power  used  in  the  mill  producing  the  same,  "  eighth 
bushel,"  "fourth bushel,"  or  "peck,"  "half  bushel."  "one bushel," 
"two  bushel,"  and  the  barrel  and  half  barrel,  or  who  shall  fail  to 
show  the  net  weight  in  pounds 

Any  merchant,  dealer,  vendor,  hawker,  or  other  character  of 
seller,  who  sells,  offers  for  sale,  or  keeps  in  stock  with  intent  to 
sell,  any  corn  meal  or  chops,  bolted,  or  unbolted,  in  any  other  than 
six  pounds,  twelve  pounds,  twenty-four  pounds,  forty-eight  pounds, 
and  ninety-six  pound  sacks,  or  ninety-six  pound  half  barrels,  and 
one  hundred  and  ninety-six  pound  barrels,  wood,  shall  be  guilty 
of  a  misdemeanor;  provided  any  retail  merchant  may,  on  order, 
weigh  from  bulk  meal  or  chops  any  number  of  pounds  desired  by 
an  individual  consumer. 

Any  person,  firm  or  corporation,  convicted  under  either  one  of 
the  two  preceding  sections,  shall  be  fined  not  less  than  fifty,  nor 
more  than  one  hundred  dollars  for  the  first  offense,  but  on  the 
second  conviction,  shall  be  fined  not  less  than  one  hundred,  nor 
more  than  five  hundred  dollars,  one-fourth  of  said  fine  in  either 
instance  shall  be  paid  to  the  informer  furnishing  proof  leading  to 
a  conviction,  out  of  the  county  treasury,  after  the  payment  of  such 
fine  upon  the  order  of  the  solicitor  prosecuting  the  case. 

That  any  manufacturer,  merchant,  dealer,  vendor  or  other  per- 
son who  sells,  offers  for  sale  or  keeps  in  stock  with  intent  to  sell, 
any  corn,  oats,  rye,  wheat,  barley  or  mill  products  such  as  mid-  ties'  misdemeanHor 
dlings,  bran,  chops,  corn  hearts  and  all  other  ground  feed  products 
in  sacks  or  bags,  and  cotton  seed  meal  and  cotton  seed  hulls,  ex- 
cept in  quantities  hereinafter  respectively  prescribed,  shall  be 
guilty  of  a  misdemeanor. 

Oats  shall  be  sold  in  sacks  containing  four  and  one-half  bushels 
and  five  bushels,  weighing,  respectively  one  hundred  and  forty  QUan'lties 
pounds  and  one  hundred  and  sixty  pounds;  rye  and  corn  in  two, 
two  and  one-half,  and  three  bushel  sacks,  weighing  respectively 
one  hundred  and  twelve,  one  hundred  and  forty  and  one  hundred 
and  sixty-eight  pounds;  wheat  in  two,  two  and  one-half  and  three 
bushel  sacks,  weighing  respectively  one  hundred  and  twenty,  one 
hundred  and  fifty  and  one  hundred  and  eighty  pounds;  barley  in 
two,  two  and  one-half  and  three  bushel  sacks,  weighing  respectively 
ninety-six,  one  hundred  and  twenty  and  one  hundred  and  forty- 
four  pounds;  mill  products  such  as  middlings,  bran,  chops,  corn 
hearts  and  all  other  ground  feed  products,  in  sacks  or  bags  weigh- 
ing one  hundred  and  one  hundred  and  seventy-five  pounds  each, 
except  cotton  seed  hulls  which  shall  be  in  eighty  pounds  and  one 
hundred  pounds  sacks  or  bags;  grits  shall  be  sold  only  in  barrels 
of  one  hundred  ninety-six  pounds  or  sacks  weighing  ninety-six 


Act  224,  1909,  p.  368 
Sec.  i 

Feed  stuffs  sold  ex- 
cept in  certain  quanit- 


Sec.  3 

Feed  stuUs,  bow  sold. 


2O  Laws  Concerning  Weights  and  Measures 

pounds,  except  grits  packed  in  paper  cartons  of  not  more  than  five 
pounds. 

The  foregoing  provisions  shall  apply  only  when  said  articles  are 
sold  in  sacks,  bags  or  other  packages,  and  shall  not  prevent  the 
sale  of  any  of  said  articles  in  bulk. 
Does4  not  apply  to     But  tne  provisions  of  this  act  shall  not  apply  to  sales  of  grain 
cnaseerrorresalebypur"or  cerea^s  by  the  producer  or  grower  of  such  grains  or  cereals  or 
resale  of  same  by  the  purchaser  or  to  mill  products  shipped  by 
manufacturers  to  dealers  for  mixing  purposes. 

Packages  must  be  ^  shall  be  unlawful  to  sell  any  of  the  said  grains  in  such  sacks, 
Fng^nui^be^ofpoSnds  ^aSs  or  packages,  unless  in  large  figures  thereon  is  plainly  marked 
or  bushels  or  stenciled  the  number  of  bushels  or  pounds  and  in  the  case  of  the 

mill  products,  it  shall  be  unlawful  to  falsely  brand  any  of  said 
sacks,  bags  or  packages  as  to  the  true  weight  of  the  same. 
f^L  Any  person,  firm  or  corporation  violating  any  of  the  provisions 

of  this  act  shall  be  fined  not  more  than  one  hundred  dollars  for  the 
first  offense,  but  on  the  second  conviction  shall  be  fined  not  less 
than  one  hundred  nor  more  than  five  hundred  dollars. 

^cen.  Laws.  i9n,  act     Xhe  term  "  Commercial  Feeding  Stuffs  "  shall  be  held  to  include 
sec.' i  all  feeding  stuffs  used  for  feeding  live  stock  and  poultry,  except 

Feeding    stuffs,    de-      ,      ,  &,  ,  °        ,  ,  ^ 

fined  whole  seeds  or  grains;  the  unmixed  meals  made  directly  from 

entire  grains  of  corn,  wheat,  rye,  barley,  oats,  buckwheat,  flax 
seed,  kaffir,  and  milo;  whole  hays,  straws,  cotton  seed  meal  and 
hulls  and  corn  stover  when  unmixed  with  other  material.  Together 
with  all  other  materials  containing  sixty  (60%)  per  cent  or  more 
of  water. 

feeding  stuffs  to  be      Bvery  lot  or  parcel  of  commercial  feeding  stuff  sold,  offered  or 
net  weight,  etc.  '        exposed  f  or  sale  or  distribution  within  this  State  shall  have  affixed 
thereto  a  tag  or  label,  in  a  conspicuous  place  on  the  outside  thereof, 
containing  a  legible  and  plainly  printed  statement  in  the  English 
language,  clearly  and  truly  certifying:  (a)  The  net  weight  of  the 
contents  of  the  package,  lot  or  parcel,  provided  that  all  commer- 
cial feeding  stuffs  shall  be  sold  in  packages,  lots  or  parcels  of 
fifty  pounds  net  weight,  one  hundred  pounds  net  weight,  or  two 
hundred  pounds  net  weight;  (6)  The  name,  brand  or  trade  mark; 
(c)  The  name  and  principal  address  of  the  manufacturer  or  person 
responsible  for  placing  the  commodity  on  the  market;    *    *    *. 
Act  i9o,  1909,  P.  237     *    *    *     That  for  the  purpose  of  this  act  an  article  shall  also 
"Misbranded"   de-  be  deemed  misbranded .     *    *    *     In  case  of  foods : 

3rd.  If  in  package  form  and  the  contents  are  stated  in  terms  of 
weight  or  measure,  they  are  not  plainly  or  correctly  stated  on  the 
outside  of  the  package. 

sec  I52' I909>  p' 292     That  a  standard  of  measure  for  oysters  is  hereby  established 

standard  measure  for  which  said  measure  shall  consist  of  a  tub  or  other  round  vessel 

of  the  following  dimensions  to-wit:  It  shall  measure  seventeen 


Alabama  21 

inches,  in  diameter  inside  at  the  bottom  and  twenty-one  and  one- 
half  inches  inside  at  the  top,  and  fourteen  and  one-half  inches 
inside  from  bottom  to  top,  the  unit  of  such  tub  or  measure  to  be 
in  the  shape  of  an  inverted  frustrum  of  a  cone.  Two  of  these 
measures  filled  to  the  top  shall  make  one  barrel  and  all  oysters 
bought  and  sold  in  this  State  in  the  shell  shall  be  measured  in  a 
measure  of  these  dimensions  or  measure  holding  a  fraction  or 
multiple  thereof,  and  it  shall  be  unlawful  for  any  person  to  have 
in  his  possession  any  measure  for  oysters  in  the  shell  which  shall 
differ  in  capacity  from  the  measure  herein  provided  for  or  to  demand 
or  require  a  greater  or  less  measure  in  buying  or  selling;  and  no 
vessel  or  measure  shall  be  used  in  buying  or  selling  oysters  until 
it  has  been  measured  and  stamped  by  a  deputy  commissioner,  with 
a  metal  tag  or  stamp,  showing  quantity  of  oysters  such  measure  will 
hold.  It  shall  be  the  duty  of  the  deputy  oyster  commissioners  to 
make  such  measurements  and  to  visit  for  that  purpose  each  place 
where  oysters  are  bought  and  sold  as  required  during  the  canning 
season  and  there  shall  be  kept  in  the  "Oyster  Measure  Record" 
herein  provided  for,  the  dimensions  of  all  vessels  so  measured. 
The  chief  deputy  commissioner  shall  keep  a  book  to  be  known 
as  the  "Oyster  Measure  Record"  in  which  he  shall  register  the 
names  of  each  person,  firm  or  corporation  to  whom  he  has  issued 
such  stamp,  and  the  date  of  issuance;  and  said  record  shall  be 
open  for  the  inspection  of  the  public  during  each  business  day 
from  the  hour  of  eight  o'clock  in  the  morning  to  the  hour  of  six 
o'clock  in  the  evening,  during  which  time  the  office  of  the  Com- 
mission must  be  kept  open  for  the  transaction  of  business.  For 
every  false  or  fraudulent  issuance  of  said  stamp,  or  for  every  stamp 
issued  without  a  record  thereof  being  kept  in  the  "  Oyster  Measure 
Record,"  the  chief  deputy  commissioner  shall  be  guilty  of  a  mis- 
demeanor and  shall,  on  conviction,  be  filed  [fined]  the  sum  of 
fifty  dollars,  one-half  of  which  shall  be  paid  to  the  person  or 
persons  informing  on  the  said  chief  deputy  commissioner,  and 
the  other  one-half  shall  be  paid  into  the  oyster  protection  fund. 

The  owner  or  operator  of  each  coal  mine  at  which  the  miners  are  Ww) 

•  j    1  •    1  ^      i      11  -i  1  •  -.1  -it  .     Pol-  Code,  1007,  Vol. 

paid  by  weight  shall  provide  such  mines  with  suitable  scales,  ofi.  P- ssa 
standard  make,  for  the  weighing  of  all  coal,  when  contracted  for   Mtae°owner  to  pro- 
to  be  weighed.  vide  scales 

All  coal  mined  in  this  state  contracted  for  payment  bv  the  ton   sec. 1009 

j_i  -1,1111  ••!•«  •     .••£«  .<*  .     Coal  to  be  weighed; 

or  other  weight,  shall  be  weighed,  and   the  full  weight   thereof  2,000  pounds  to  ton 
shall  be  credited  to  the  miner  of  such  coal  and  two  thousand 
pounds  of  coal  shall  constitute  a  ton. 

In  all  mines  the  miners  employed  and  working  therein  may   ssp-1,010  , 

£*•%•*•*++  •«<«  Chock  wcigliinso 

lurnish  a  check  weighman,  who  shall  at  proper  times  have  full 
access  and  examination  of  such  scales  and  seeing  all  measures  and 


22  Laws  Concerning  Weights  and  Measures 

weights,  and  accounts  kept  of  the  same;  provided,  that  not  more 
than  one  person  shall  have  such  right  of  access,  examination,  and 
inspection  of  scales,  measures,  and  accounts  at  the  same  time, 
chief  tolpector  to  pro-     The  chief  mine  inspector  shall  procure  from  the  State,  at  the 

ardletc?  ****  Btand~State's  expense,  a  full  and  complete  set  of  standards,  balances,  and 
other  means  of  adjustment  such  as  are  necessary  in  the  com- 
parison and  adjustment  of  scales,  beams,  and  other  necessary 
apparatus  to  be  used  for  a  just  weighing  of  coal  and  other  materials 
at  the  mines  according  to  the  state  standard  of  weights;  and  it 
shall  be  the  duty  of  said  inspector  to  examine,  test,  and  adjust,  as 
often  as  occasion  demands,  all  scales  and  other  apparatus  used  in 
weighing  at  mines. 
whoIOILay  inspect  The  mine  inspector,  miners  employed  in  the  mines,  and  the 

scales  and  records  owner  of  the  land  or  persons  interested  in  the  rental  and  royalty  of 
such  mines,  shall  at  all  proper  times  have  full  right  of  access  to 
scales  used  at  said  mines,  including  bank  book  in  which  the 
weight  of  coal  is  kept,  to  examine  the  amount  of  coal  mined,  for 
the  purpose  of  testing  the  accuracy  thereof. 

«9?Ts£w9'I9IX'llct     The  chief  mine  inspector  shall  procure  for  the  State  at  the 
sec.  9  State's  expense  a  full  and  complete  set  of  standards  and  other 

Standards,  etc.,  to  be.  ......  .        ,  .  - 

procured  equipment,  such  as,  in  his  opinion,  are  necessary  in  the  testing  of 

scales,  beams,  and  other  necessary  apparatus  to  be  used  for  a  just 
weighing  of  coal  and  other  material  at  the  coal  mines  accord- 
ing to  the  State  standard  of  weights ;  and  it  shall  be  the  duty  of 
said  inspector  to  examine,  test,  and  cause  to  be  adjusted  as  often 
as  occasion  demands,  all  scales  and  other  apparatus  used  in 
weighing  coal  at  coal  mines. 


ALASKA 

That  if  any  person  shall  knowingly  use  any  false  weight  or  x  £frter's  Ann- Codes- 
measure,  and  shall  thereby  defraud  or  otherwise  injure  another,    sec.  69 

•     Ml  ,  ,      J  r    ,  .    ,  ,       J  Using   false   weight, 

or  shall  knowingly  mark  or  stamp  a  false  weight  or  measure  or  etc. 
false  tare  upon  any  cask  or  package,  or  shall  knowingly  sell  or 
offer  for  sale  any  cask  or  package  so  marked,  such  person,  upon 
conviction  thereof,  shall  be  punished  by  imprisonment  in  the 
county  jail  not  less  than  one  month  nor  more  than  one  year,  or  by 
fine  not  less  than  fifty  nor  more  than  five  hundred  dollars. 

23 


ARIZONA 

Rev.  Stat.,  1901 

A  false  weight  or  measure  is  one  which  does  not  conform  to  the  xinTch.  I0  e> 
standard  established  by  the  laws  of  the  United  States  of  America.        false  weights 

Every  person  who  uses  any  weight  or  measure,  knowing  it  to  be 
false,  by  which  use  another  is  defrauded  or  otherwise  injured,  is 
guilty  of  a  misdemeanor. 

Every  person  who  knowingly  marks  or  stamps  false  or  short   sec.499 

,.    ,    &  J.  f  .  Stamping  casks,  etc., 

weights  or  measures,  or  false  tare,  on  any  cask  or  package,  orfciseiy 
knowingly  sells  or  offers  for  sale  any  cask  or  package  so  marked, 
is  guilty  of  a  misdemeanor. 

In  all  sales  of  coal,  hay,  and  other  commodities  usually  sold  by   §•*.  s°°  . 

r         ,.          i  f    ,1  ,,  ,   J  ...  J      Full  weight  of  all  artl- 

the  ton  or  fractional  parts  thereof,  the  seller  must  give  to  the  pur-  cies  must  be  given 
chaser  full  weight,  at  the  rate  of  two  thousand  pounds  to  the  ton ; 
and  in  all  sales  of  articles  which  are  sold  in  commerce  by  avoirdu- 
pois weight,  the  seller  must  give  to  the  purchaser  full  weight,  at 
the  rate  of  sixteen  ounces  to  the  pound ;  and  any  t>erson  violating 
this  section  is  guilty  of  a  misdemeanor. 

That  it  is  hereby  established  that  throughout  this  Territory  a  Bashford*f complied 
bushel  of  corn  shall  consist  of  54  pounds ;  a  bushel  of  wheat  of  60  J53U5CSR'  *" 
pounds;  a  bushel  of  barley  of  45  pounds;  a  bushel  of  rye  of  56  f ec  * 

t_       i     i       f  £  1        -,     i       f  11        1  -i        Standard    weight   of 

pounds;  a  bushel  of  oats  of  32  pounds;  a  bushel  of  small  white  bushel 

beans  of  60  pounds;  a  bushel  of  other  beans  of  55  pounds;  one to Hundredweight  and 

hundred  pounds  shall  constitute  one  hundred  weight  and  2,000 

pounds  shall  constitute  one  ton. 

In  all   transactions,   the  foregoing   shall  be  the  standard   of   sllcl&i  agreements 
weights  in  this  Territory,  unless  otherwise  especially  agreed  upon 
by  the  parties  interested. 

This  act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Every  person  who  in  putting  up  in  any  bag,  bale,  box,  barrel,    f^ 
or  other  package,  any  hops,  cotton,  wool,  grain,  hay,  or  other  goods  IORpV;2^at" I90I>  title 
usually  sold  in  bags,  bales,  boxes,  barrels  or  packages  by  weight,   f*^^   weight  ot 
puts  in  or  conceals  therein  anything  whatever  for  the  purpose  of  packages;  penalty  for 
increasing  the  weight  of  such  bag,  bale,  box,  barrel  or  packages, 
with  intent  thereby  to  sell  the  goods  therein,  or  to  enable  another 
to  sell  the  same,  for  an  increased  weight,  is  punishable  by  fine  of  not 
less  than  twenty-five  dollars  for  each  offense. 


ARKANSAS 


Sec.  8003 

Standards 

Custody 


County  officers 


Sets  to  be  furnished 


(1859) 
Sec.  8004 
State  sealing 


The  set  of  weights  and  measures  prepared  by  the  United  States  I921S£  fjjf£  ^r3b 
under  the  act  of  congress  approved  the  fourteenth  day  of  June, 
A.  D.  1836,  and  delivered  to  the  governor  of  the  State  of  Arkansas, 
and  now  deposited  in  the  office  of  secretary  of  state,  shall  be  and 
the  same  is  hereby  declared  to  be  the  standard  of  all  weights  and 
measures  used  in  this  state,  and  the  clerk  of  the  county  court  of  each 
county  in  this  state  shall  procure,  as  soon  as  practicable,  at  the 
expense  of  the  county,  a  complete  set  of  weights  and  measures, 
which  shall  conform  to  said  standard,  and  shall  be  sealed  by  the 
secretary  of  state. 

The  secretary  of  state  shall  procure  a  seal  or  stamp,  with  the 
letters  "S.  A."  upon  it,  with  which  he  shall  seal  all  weights  and 
measures  which  he  shall  compare  with  the  said  standard  in  his 
office  and  find  to  be  correct;  and  such  weights  and  measures, 
after  being  so  sealed,  shall  be  a  lawful  standard  for  the  county  by 
which  they  were  procured;  and  the  secretary  of  state  shall  charge 
the  sum  of  four  dollars  for  testing  and  sealing  such  weights  and 
measures. 

The  several  clerks  of  the  county  courts  shall  seal  all  weights  and 
measures  that  may  be  presented  to  them  for  that  purpose  which 
correspond  with  the  county  standard. 

Whenever,  in  any  contract,  for  the  repair  or  construction  of  any 
cistern  in  this  state,  the  capacity  of  which  is  represented  in  barrels, 
'there  is  no  other  specification  of  the  holding  capacity  of  said  bar- 
rels, the  term  "  barrel "  shall  be  taken  and  held,  in  law,  as  meaning 
and  intending  a  holding  capacity  which  is  the  exact  equivalent  of 
the  cubical  contents  of  thirty-six  times  that  of  the  standard  gallon 
measure  of  the  United  States,  now  in  use,  and  kept,  as  required 
by  law,  in  the  office  of  the  secretary  of  state  of  Arkansas. 

A  box  nine  inches  deep,  twelve  inches  wide  and  twenty  inches 
long  shall  constitute  a  lawful  bushel  measure  for  apples.  Any 
person  violating  the  provisions  of  this  act  shall  be  guilty  of  a 
misdemeanor  and  upon  conviction  shall  be  fined  in  any  sum  not 
less  than  ten  nor  more  than  twenty-five  dollars  for  each  offense. 

27 


(1*94) 
Sec.  8005 
County  sealing 


(iS8S) 
Sec.  8006 
Standard  barrel 


(1903) 
Sec.  8007 
Bushel  measure 


28 


Laws  Concerning  Weights  and  Measures 


(1887) 

Sec.  8008 

Legal  weight  of 
bushel  of  certain  com- 
modities 


The  legal  weight  per  bushel  of — *    Pounds 

Corn,  shelled 56 

Corn,  in  ear,  husked 70 

Corn,  in  ear,  unhusked 74 

Wheat 60 

Oats , 32 

Cotton  seed 33^3 

Corn  meal 48 

Barley 48 

Rye 56 

Potatoes 60 

Potatoes,  sweet 50 

Onions 57 

White  beans 60 

Peas 60 

Flax  seed 56 

Blue  grass  seed 14 


The  legal  weight  per  bushel  of —  Pounds. 

Clover  seed 60 

Timothy  seed 60 

Millet  seed 50 

Buckwheat 52 

Red  Top 14 

Orchard  grass 14 

Sorghum 50 

Green  apples 50 

Dried  apples 24 

Dried  peaches 33 

Bran 20 

Salt 50 

Turnips 57 

Broom-corn  seed 48 

Johnson  grass 28 


1  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  these  articles. 


(1901) 
Sec.  8009 
Log  measurement 


Penalty 


Sec.  6675 


scales    re- 


The  Doyle  stick  or  standard  of  log  measurement  is  hereby 
declared  to  be  the  standard  by  which  all  saw  logs  bought,  sold, 
cut,  or  hauled  in  this  state  shall  be  scaled  or  estimated,  and  any 
person  or  persons  buying,  selling,  cutting  or  hauling  saw  logs 
within  the  limits  of  this  state,  who  shall  use  or  attempt  to  use 
any  combination  stick,  or  any  other  stick  or  standard  than  that 
mentioned  in  this  section  one  of  this  act  for  the  purpose  of  scaling, 
or  estimating  the  number  of  feet  in  such  logs  sold,  bought,  cut,  or 
hauled,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  fined  in  any  sum  not  less  than  fifty  dollars  nor 
more  than  two  hundred  dollars  for  each  offense,  to  be  assessed  by 
the  jury  trying  the  case,  and  to  be  collected  and  appropriated  as 
other  public  fines,  provided  that  in  scaling  logs  under  this  act,  the 
average  diameter  inside  the  bark  shall  be  taken. 

All  railroads  operating  in  this  State  shall  keep  and  maintain 
track  or  railroad  scales  for  the  purpose  of  weighing  coal  shipped 
in  car  load  lots,  at  all  stations  along  their  respective  lines  of  road 
where  as  much  as  one  thousand  cars  of  the  same  are  shipped  in 
carload  lots  yearly. 

Kirby,     At  all  such  stations  it  shall  be  the  duty  of  the  railroad  company 
to  properly  weigh  each  and  every  car  after  the  same  shall  have 

cars  to  be  weighed  been  loaded  and  furnish  to  each  shipper  by  written  certificate  of 
weighman  within  one  day  after  the  same  shall  have  been  received 
by  said  company,  correct  weight  of  each  car  and  of  the  contents 

certificate  of  weight  of  each  car  delivered  to  them  by  the  shipper.  The  certificate  of 
weight  to  be  given  to  shippers  as  provided  in  this  section  shall 
contain,  in  addition  to  the  correct  weight  of  the  car  and  its  con- 
tents, the  date  of  delivery  and  the  number  of  the  car. 

lena""  for  violation     AnY  railroad  in  this  State  failing  or  refusing  to  comply  with 

oi  these  provisions       any  of  the  provisions  of  this  Act  shall  be  subject  to  a  penalty  of 

one  hundred  dollars,  to  be  paid  to  the  County,  for  every  failure  or 


Track 
quired 


Dig.  su 
I9sec  6676 


Arkansas  29 

refusal,  and  each  day  upon  which  it  may  refuse  or  fail  to  comply 
with  this  Act  shall  constitute  a  separate  offense. 

That  all  railroads  operating  in  this  State  are  hereby  required    $£  f  »•  I9°7 
to  keep  and  maintain  track  or  railroad  scales  at  all  stations  or    Track  scales 
depots  where  as  many  as  one  hundred  cars  of  coal,  corn  or  cotton 
seed  are  received  annually  by  such  railroad;    and  said  railroads 
are  hereby  required  at  the  request  of  the  consignee  of  a  carload 
of  coal  to  properly  weigh  each  and  every  such  car  after  the  same 
shall  reach  its  destination  and  furnish  to  each  such  consignee,  upon 
request,  by  a  written  certificate  of  weighman,  within  one  day  after  m£frtmcate  o!  weigh' 
such  car  shall  have  reached  its  destination,  correct  weight  of  each 
carload  of  coal  received  for  such  consignee. 

And  no  consignee  shall  be  required  to  pay  any  freight  or  either 
[other]  railroad  charge  until  furnished  as  aforesaid  with  said 
weights,  nor  pay  any  greater  amount  of  freight  than  is  shown  by 
such  certificate. 

Any  railroad  in  this  State  failing  or  refusing  to  comply  with  any 
of  the  provisions  of  this  act  shall  be  subject  to  a  penalty  of  not 
less  than  one  hundred  nor  more  than  five  hundred  dollars,  to  be 
paid  to  the  county  in  which  such  point  of  destination  lies,  for 
every  failure  or  refusal  to  comply  with  the  provisions  of  this  act; 
and  each  day  upon  which  it  may  refuse  or  fail  to  comply  with  this 
act  shall  constitute  a  separate  offense. 

That  it  shall  be  unlawful  for  any  corporation,  firm,  manufac-    *g  y1- 19°5- p- 3I3 
turer,  merchant  or  other  dealer,  their  agent  or  emplovees,   to    weight  to  be  stamped 

„.        £  ,  '  ,  v  r      x-1-  '          i  on  sacks  of  grain,  etc. 

sell,  or  oner  for  sale,  any  gram,  chops,  bran,  fertilizer,  meal,  or 
flour  in  sacks,  barrels  or  other  packages,  unless  the  true  weight  of 
such  gram,  chops,  bran,  fertilizer,  meal,  or  flour  be  stamped  or 
marked  upon  the  sacks,  barrels,  or  other  packages. 

Any  corporation,  shipper,  manufacturer,  merchant  or  other 
dealer,  their  agents  or  employees,  who  shall  violate  the  provisions 
of  section  one  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  before  any  justice  of  the  peace  or  circuit 
court,  shall  be  fined  in  any  sum  not  less  than  twenty  dollars,  and 
every  sack,  barrel,  or  other  package  of  such  grain,  chops,  bran, 
fertilizer,  meal  or  flour  offered  for  sale,  in  violation  of  this  act, 
shall  constitute  a  separate,  offense. 

It  shall  be  unlawful  for  any  person  who  weighs  cotton  in  the 
State  of  Arkansas  to  take  off  anything  for  scalage.  ge'c  l6(/59l) 

Any  person  violating  the  provisions  of  this  act  shall  be  deemed    scaiage 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  fined  in    Pena1uys 
any  sum  not  less  than  five  nor  more  than  twenty-five  dollars. 

It  shall  be  unlawful  for  any  person,  corporation  or  warehouse   Sec.  I6^w) 
man  doing  business  in  this  State  to  charge  more  than  ten  cents    Fee  for  weighing 
per  bale  for  weighing,  sampling  and  marking  cotton.     Any  per- 


30  Laws  Concerning  Weights  and  Measures 

sons,  corporation  or  warehouse  man  violating  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be  fined  in  any  sum  not  less  than  ten  nor  more 
than  twenty-five  dollars. 
Act  196,  1907,  PP.     That  each  and  every  person,  individual,  firm  or  corporation,  who 

468-47°  •     .     •  j  j.  •  r        .LI.  *     •       •  1 

sec.  T  maintain  and  operate  a  ginnery  for  the  purpose  of  ginning,  pack- 

ing, and  baling  cotton  are  hereby  declared  to  be  a  public  ginner, 
and  a  public  and  lawful  weigher  of  cotton  in  his  county.  *  *  * 

sec.  2  It  is  hereby  made  the  dutv  of  each  public  ginner  to  keep  an  accu- 

Pubhc    ginners    re-  J  •  •    i_  1     i      1         r  j 

quired  to  keep  accurate  rate  pair  of  scales  and  correctly  weigh  each  bale  of  cotton  ginned 
and  baled  by  him,  or  caused  to  be  ginned  and  baled  by  him,  as 
soon  as  taken  from  the  press.  And  he  shall  keep  in  a  book,  to  be 
provided  by  him,  a  record  of  the  number  of  the  bales  ginned  and 
packed  by  him,  the  date  each  bale  was  ginned  and  packed  and  the 
name  of  the  owner  thereof. 

onTaiiehttob*stamped  And  ne  sriaU  plainly  and  securely  place  upon,  or  attach  to,  each 
bale  of  cotton  so  ginned  and  baled  by  him,  by  stamp,  tag  or  other- 
wise, the  number  and  weight  thereof. 

Fees;  certificate  He  shall  be  allowed  to  charge  five  cents  for  weighing  each  bale 

of  cotton  so  ginned  by  him.     And  he  shall  give  to  each  owner  or 
person  for  whom  he  may  gin  and  bale  cotton  a  certificate  showing 
the  number  and  weight  of  each  bale  of  cotton  and  the  date  of 
ginning. 
sec.  3  It  shall  be  the  duty  of  the  county  clerk  to  cause  to  be  tested  by 

to?es"sMierkrequiredthe  standard  or  test  furnished  to  each  county  clerk,  the  scales  of 
each  public  ginner  in  his  county  once  a  year  or  as  much  oftener  as 
may  be  necessary. 
sec.  4  faise     That  if  any  ginner,  his  agent  or  employee,  knowingly  weigh  any 

weniTnTnVmtede-bale  of  cotton  inaccurately,  or   falsely  weigh  same,  he   shall  be 

guilty  of  a  misdemeanor. 
sec.  Sj  Any  person  who  shall  violate  any  provision  of  this  act,  shall  be 

Violation;  penalty  J    XT  *    *  ••ini.ei 

deemed  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  imed 
in  any  sum  not  less  than  ten  dollars  nor  more  than  twenty  five 
dollars. 

proviso  Provided,  the  provisions  of  this  bill  shall  apply  only  [to]  the 

counties  of  Bradley,  Drew,  Ashley,  Nevada,  Woodruff,  Lincoln 
and  Chicot. 

Act  225.  1905,  P.  571       Every  agent,  owner,  lessee  or  operator  engaged  in  mining  coal 
•anting  weights  at  in  any  quantity,  where  ten  or  more  men  are  worked  under- 
ground, shall  furnish  and  keep  on  hand  for  the  use  of  the  State 
mine  inspector,   for  inspecting,   testing    and  examining  scales, 
500  pounds  of  United  States  standard  testing  weights. 

Digest  stats..  Kirby,     it  shall  be  the  duty  of  every  corporation,  or  company,  or  person 
sec.  5356,  as  amended  engaged  in  the  business  of  mining  and  selling  coal  by  weight  or 
'  S70>  measure,  and  employing  ten  or  more  persons,  to  procure  and  con- 


I9c. 

31S-  I90S>  p 


Arkansas 


Mine  scales 


weght  to  be  marked 

on   concentrated   com- 


stantly  keep  on  hand  at  the  proper  place  the  necessary  scales  and 
measures  and  whatever  else  may  be  necessary  to  correctly  weigh 
and  measure  the  coal  mined  by  such  corporation,  company,  or 
person,  and  it  shall  be  the  duty  of  the  mine  inspector  to  visit  each 
coal  mine  operated  therein,  and  where  such  scales  and  measures  are 
kept,  at  least  once  in  each  year,  and  test  the  correctness  of  such 
scales  and  measures.  The  owner  or  operator  of  each  coal  mine,  or 
any  two  or  more  of  the  miners  working  therein,  may,  in  writing, 
require  his  attendance  at  the  place  where  such  scales  and  measures 
are  kept,  at  other  times  in  order  to  test  the  correctness  thereof,  and 
it  shall  be  his  duty  to  comply  with  such  request  as  soon  as  he  can 
after  receiving  such  request. 

That  every  lot  or  parcel  of  concentrated  commercial  feeding  stuff 
sold,  offered  or  exposed  for  sale  in  this  State,  shall  have  affixed 

.     A      f.  ,  .  .  ,  .  ,  .    .  . 

thereto,  or  printed  thereon  in  a  conspicuous  place  on  the  outside  merciai  feeding 

thereof,  a  legible  and  plainly  printed  statement,  in  the  English 

language,  clearly  and  truly  certifying  the  weight  of  the  package;   weight  of  packages 

(provided,  that  all  concentrated  commercial  feeding  stuffs  shall  be 

in  standard  weight  bags  or  packages  of  5,  10,  25,  50,  75,  100,  125, 

150,  175,  200  pounds)  ;  the  name,  brand  or  trade  mark  under  which 

the  article  is  sold  ;  the  name  and  address  of  the  manufacturer,  job- 

ber or  importer;     *     *     *  . 

That  the  term  "Concentrated  commercial  feeding  stuffs,"  shall 
be  held  to  include  all  feeds  used  for  live  stock  and  poultry,  except 
whole  hays,  straws  and  corn  stover  when  the  same  are  not  mixed 
with  other  materials  ;  nor  shall  it  apply  to  the  unmixed  whole  seeds 
qr  grains  of  cereals  when  not  mixed  with  other  materials. 

That  any  manufacturer,  importer,  jobber,  agent  or  dealer  who 
refuses  to  comply  with  requirements  of  the  provisions  of  this 
Act,  or  any  manufacturer,  importer,  jobber,  agent  or  dealer  or 
person  who  shall  impede,  obstruct,  hinder  or  otherwise  prevent 
or  attempt  to  prevent,  any  chemist,  inspector  or  other  authorized 
agent  in  the  performance  of  his  duty  in  connection  with  the  pro- 
visions of  this  Act,  shall  be  guilty  of  a  violation  of  the  provisions 
of  this  Act. 

That  any  manufacturer,  importer,  jobber,  agent  or  dealer,  who 
shall  violate  any  of  the  provisions  of  this  Act,  or  the  regulations 
adopted  by  the  Commissioner  of  Mines,  Manufactures  and  Agri- 
culture, upon  conviction  thereof,  shall  be  fined  not  exceeding 
fifty  dollars  for  the  first  offense,  nor  more  than  two  hundred  dol- 
lars for  each  subsequent  offense,  and  the  proceeds  from  such  fines 
shall  be  covered  into  the  State  Treasury  for  the  use  of  the  depart- 
ment executing  the  provision  of  this  Act. 

That  whenever  the  Commissioner  of  Mines,  Manufactures  and 
Agriculture,  or  his  duly  authorized  representative,  become  cogni- 


Sec.  i 
Definition 


Sec.  14 
Violation 


Sec.  15 
Penalty 


Sec.  16 
Prosecutions 


32  Laws  Concerning  Weights  and  Measures 

zant  of  any  violation  of  the  provisions  of  this  Act,  he  shall  imme- 
diately notify  in  writing  the  manufacturer,  importer,  jobber  or 
dealer,  if  same  be  known,  and  after  thirty  days  he  shall  notify 
the  prosecuting  attorney  of  the  district  where  such  violation 
occurred,  who  shall  cause  proceedings  to  be  commenced  against 
the  person  or  persons  so  violating  the  Act,  and  the  same  prose- 
cute in  the  manner  required  by  law. 


CALIFORNIA 

The  legislature  may  by  general  and  uniform  laws  provide  for  Co^^;  a^'aranded^n 
the  inspection,   measurement,   and  graduation  of  merchandise,  X9" 
manufactured  articles  and  commodities,  and  may  provide  for  the 
appointment  of  such  officers  as  may  be  necessary  for  such  inspec- 
tion, measurement  and  graduation. 

The  standard  of  weights  and  measures  received  from  the  United   seCWSi' I9II>  ch  2" 
States  under  a  resolution  of  congress  approved  June  14,  1836,  and    state  standards 
such  new  weights  and  measures  as  shall  be  received  from  the 
United  States  as  standard  weights  and  measures  in  addition  thereto 
or  renewal  thereof,  and  such  as  shall  be  procured  by  the  state  in 
conformity  therewith  and  certified  by  the  national  bureau  of 
standards,  shall  be  the  state  standards,  by  which  all  county  and 
municipal  standards  of  weights  and  measures  shall  be  tried,  proved 
and  sealed. 

The  weights  and  measures  referred  to  in  section  one  of  this  act    Itate'standards  to  be 
shall  be  kept  by  the  secretary  of  state  in  a  safe  and  suitable  place  jjgp*  b?  secretary  of 
in  his  office,  from  which  they  shall  not  be  removed  except  for 
repairs  or  for  certification.     He  shall  maintain  said  standards  of 
the  state  in  good  order  and  shall  submit  them  at  least  once  in  ten 
years  to  the  national  bureau  of  standards  for  certification. 

The  secretary  of  state,  upon  request  of  any  county,  incorporated  llcietary  oi  state  to 
city,  or  incorporated  town,  or  incorporated  city  and  county  shall  ^™^hw^°dar^s-  to 
furnish  to  said  county,  incorporated  city,  incorporated  town  or 
incorporated  city  and  county  copies  of  the  standard  weights  and 
measures  of  this  state.  All  such  copies  furnished  under  the  pro- 
visions of  this  act  shall  first  be  tried  and  accurately  proved  by  the 
secretary  of  state  and  shall  be  sealed  and  certified  to  by  the  secre- 
tary of  state  and  stamped  with  the  letter  "C."  Such  copies  shall 
be  furnished  at  the  expense  of  the  county,  incorporated  city,  incor- 
porated town  or  incorporated  city  and  county  requiring  the  same. 
Copies  furnished  under  the  provisions  of  this  section  need  not  be 
of  the  same  material  or  construction  as  the  standards  of  the  state, 
but  such  copies  may  be  furnished  in  any  suitable  materials  or  con- 
struction that  the  secretary  of  state  may  specify. 

The  respective  counties,  incorporated  cities,  incorporated  towns  |^tieSt  citieSj  and 
and  incorporated  cities  and  counties  of  the  state  are  hereby  author-  towns  may  appomt'seai- 
ized  to  appoint  sealers  of  weights  and  measures. 

8578°-i2 3  33 


34  Laws  Concerning  Weights  and  Measures 

jurisdiction  oi sealers  The  jurisdiction  of  the  sealers  of  weights  and  measures  of  the 
various  counties  of  the  state  shall  extend  over  the  entire  territorial 
limits  of  the  counties  appointing  such  officers,  except  in  the  incor- 
porated cities  and  incorporated  towns  that  have  appointed  or  may 
appoint  sealers  of  weights  and  measures  under  the  provisions  of 
this  act.  The  jurisdiction  of  the  sealers  of  weights  and  measures 
appointed  by  the  various  incorporated  cities,  incorporated  towns 
and  incorporated,  cities  and  counties  under  the  provisions  of  this 
act,  shall  extend  over  the  entire  territorial  limits  of  the  incorporated 
city  or  incorporated  town  or  incorporated  city  and  county  appoint- 
ing such  officer. 

compensation  oi  Any  county,  incorporated  city,  incorporated  town  or  incorpo- 
rated city  and  county  appointing  a  sealer  of  weights  and  measures 
under  the  provisions  of  this  act  shall  fix  the  compensation  of  such 
officer  and  may  provide  deputies  for  such  officer  and  fix  their  com- 
pensation. 

Deputies  may  be  ap-     Any  county,  incorporated  city,  incorporated  town  or  incorpo- 

Duties  may  be  pre-  rated  city  and  county  appointing  sealers  of  weights  and  measures 
under  the  provisions  of  this  act  may  also  prescribe  duties  to  be 
performed  by  such  officer  in  addition  to  the  duties  prescribed  by 
this  act,  but  no  additional  duties  can  be  prescribed  which  are  in 
conflict  with  the  provisions  of  this  act. 

Duties  oi  seaien  ^e  vari°us  sealers  of  weights  and  measures  appointed  under 
the  provisions  of  this  act  shall  have  charge  of  and  take  possession 
of  the  copies  of  the  standards  of  weights  and  measures  of  the  state 
procured  from  the  secretary  of  state  in  accordance  with  the  provi- 
sions of  section  3  of  this  act. 

*  standards  to  The  sealers  of  weights  and  measures  shall,  every  two  years,  cause 
to  be  proved  and  tested  by  the  secretary  of  state,  and  it  shall  be 
the  duty  of  the  secretary  of  state  to  so  prove  and  test,  copies  of  the 
standards  of  weights  and  measures  of  the  state  furnished  the  sec- 
retary of  state  under  the  foregoing  provisions.  If  any  of  the  copies 
of  the  weights  and  measures  so  tested  shall  be  found  to  be  incorrect 
the  same  shall  be  adjusted  if  the  same  are  susceptible  of  being 
adjusted,  but  if  the  same  are  not  susceptible  of  being  adjusted  new 
copies  shall  be  furnished  at  the  expense  of  the  county  or  incorpo- 
rated city  or  incorporated  town  or  incorporated  city  and  county 
requiring  the  same. 

to  be  ad-         *n  an^  prosecution  for  a  violation  of  any  of  the  provisions 
mitted  in  evidence      of  this  act  any  copy  of  the  standards  of  weights  and  measures  of 
the  state  furnished  by  the  secretary  of  state  under  the  provisions 
of  this  act  shall  be  admitted  in  evidence  upon  the  trial  and  such 
copies  shall  conclusively  be  deemed  true  and  correct. 

rs        reserve         ^  s^a^  ^e  ^e  duty  °*  a^  sealers  of  weights  and  measures 
standards  v*to  carefully  preserve  all  copies  of  the  standards  of  weights  and 


California  .,,. 

measures  of  the  state  furnished  under  the  provisions  of  this  act 
and  to  keep  the  same  in  a  safe  and  suitable  place  when  not  actually 
in  use. 

Every  person  using  or  keeping  for  use  or  having  or  offering   see., 
for  sale  weights,  scales,  beams,  measures  of  every  kind  instruments  wSJS  JSfiSSSeJ 
or  mechanical  device  for  measurement,  and  tools,  appliances  or!iyohaJLth,?m8e£!e<l 

•  1        •  j  i  •«  «    •  ana  marKea  Dy  sesier 

accessories  connected  with  any  or  all  such  instruments  or  measures 
within  a  county,  incorporated  city,  incorporated  town,  or  incor- 
porated city  and  county  in  which  there  has  been  appointed  under 
the  provisions  of  this  act  a  sealer  of  weights  and  measures,  shall, 
within  three  months  after  the  appointment  of  such  sealer  of 
weights  and  measures,  cause  all  such  weights,  scales,  beams, 
measures  of  every  kind,  instruments  or  mechanical  device  for 
measurement,  and  tools,  appliances  or  accessories  connected  with 
any  or  all  such  instruments  or  measures  used,  kept  for  use  or  had 
or  offered  for  sale  by  him,  to  be  sealed  and  marked  by  the  sealer  of 
weights  and  measures  of  the  county,  incorporated  city,  incorpo- 
rated town  or  incorporated  city  and  county  in  which  the  same  are 
used,  kept  for  use  or  kept  or  offered  for  sale. 

No  weight,  scale,  beam,  measure  of  any  kind,  instrument  or  »*• » 

1         •      i     j       •          £  j     A      i     '  v  No  weight,  measure, 

mechanical  device  for  measurement,  and  tools,  appliances  or  etc.,  to  be  used  untu 
accessories  connected  with  any  or  all  such  instruments  or  measures tes 
shall  be  used,  kept  for  use,  sold,  offered  for  sale  or  kept  for  sale  in 
any  county,  incorporated  city,  incorporated  town  or  incorporated 
city  and  county  in  which  there  is  a  sealer  of  weights  and  measures 
appointed  under  the  provisions  of  this  act  and  in  which  there  has 
been  continuously  in  office  in  such  county,  incorporated  city,  incor- 
porated town  or  incorporated  city  and  county  a  sealer  of  weights 
and  measures  for  three  months,  unless  such  weight,  scale,  beam, 
measure  of  any  kind,  instrument  or  mechanical  device  for  meas- 
urement, and  tools,  appliances  or  accessories  connected  with  any 
or  all  such  instruments  or  measures  has  been  sealed  and  tested  as 
herein  provided. 

Where  any  weight,  scale,  beam,  measure  of  any  kind,  instru-  sec.^  mearore8> 
ment  or  mechanical  device  for  measurement,  and  tools,  appliances, 
or  accessories  connected  with  any  or  all  such  instruments  or 
measurements  have  been  tested  and  found  correct  by  any  sealer 
of  weights  and  measures  appointed  under  the  provisions  of  this 
act,  the  same  may  be  used,  kept  for  use,  offered  for  sale,  sold,  or 
kept  for  sale  within  any  county,  incorporated  city,  incorporated 
town  or  incorporated  city  and  county  of  this  state  without  any 
further  test.  .^y  ^  ttsed  when 

Any  weight,  scale,  beam,  measure  of  any  kind,  instrumer     ^^^^gff tm' 
mechanical   device  for  measurement,   and  tools,   appliances  orre 
accessories  connected  with  any  or  all  such  instruments  or  meas- 
ures, which  have  been  tested  and  sealed  and  certified  to  as  correct 


36  Laws  Concerning  Weights  and  Measures 

by  the  national  bureau  of  standards,  may  be  kept  for  sale,  sold  or 
offered  for  sale  without  being  first  tested  and  sealed  by  a  sealer  of 
such  apparatus  sub- weights  and  measures  as  in  this  act  provided.  But  all  such 
jecHoin!  aspr°- weights,  scales,  beams,  measures  of  any  kind,  instruments  or 
mechanical  devices  for  measurement,  and  tools,  appliances  or 
accessories  connected  with  any  or  all  such  instruments  or  meas- 
ures shall  always  be  subject  to  inspection  as  herein  provided, 
notwithstanding  that  the  same  have  been  tested  and  sealed  either 
by  a  sealer  of  weights  and  measures  appointed  under  the  provi- 
sions of  this  act  or  by  the  national  bureau  of  standards. 

Icaies2  beams  etc  ^J  sca*e>  beam  or  mechanical  device  for  weighing  or  measur- 

may  be '  kept  for  sale  ing,  which  after  being  sold  and  before  being  used  for  weighing, 
must  be  assembled  or  set  up,  may  be  sold,  kept  for  sale,  or  offered 
for  sale  without  being  first  tested  and  sealed  as  in  this  act  pro- 
Must  be  tested  be-vided:  but  such  scale,  beam,  or  mechanical  device  for  weighing  or 
measuring  must  before  being  used  for  weighing  or  measuring  be 
tested  and  sealed  as  in  this  act  provided, 
sec.  i3  Upon  a  written  request  of  any  resident  of  a  county,  incorpo- 

Weights,    scales,        ,     \  J     .  ,        .,          J  \ 

beams,  etc.,  may  berated  city,  incorporated  town  or  incorporated  city  and  county 
St^esiden1"611  ""in  which  there  has  been  appointed  a  sealer  of  weights  and  measures 
under  the  provisions  of  this  act,  the  sealer  of  weights  and  meas- 
ures for  such  county,  incorporated  city,  incorporated  town  or 
incorporated  city  and  county  shall  test  or  cause  to  be  tested,  as 
soon  thereafter  as  is  practicable,  the  weights,  scales,  beams, 
measure  of  any  kind,  instruments  or  mechanical  device  for  meas- 
urement, tools,  appliances  or  accessories  connected  with  any  or 
all  such  instruments  or  measures  used  in  buying  or  selling  by  the 
person,  firm  or  corporation  designated  in  such  request.  Upon  the 
upon  written  request  written  request  of  any  person,  firm  or  corporation,  using,  having 
for  use,  selling,  keeping  or  offering  for  sale  any  weight,  scale, 
beam,  measure  or  any  kind  of  instrument  or  mechanical  device 
for  measurement,  tools,  appliances  or  accessories  connected  with 
any  or  all  such  instruments  or  measures,  in  any  county,  incorpo- 
rated city,  incorporated  town,  or  incorporated  city  and  county  in 
which  there  has  been  appointed  a  sealer  of  weights  and  measures 
under  the  provisions  of  this  act,  the  sealer  of  weights  and  measures 
for  such  county,  incorporated  city,  incorporated  town  or  incor- 
porated city  and  county  shall  test  or  cause  to  be  tested,  as  soon 
thereafter  as  is  practicable,  the  weights,  scales,  beams,  measures 
of  any  kind,  instrument  or  mechanical  device  for  measurement, 
tools,  appliances  or  accessories  connected  with  any  or  all  such 
instruments  or  measures  belonging  to  or  used  by  such  person, 
firm,  or  corporation,  providing  that  such  written  request  shall  not 
relieve  the  person,  firm  or  corporation  making  it  from  any  viola- 
tion of  the  provisions  of  this  act  or  of  the  responsibility  provided 


California  ~~ 

in  this  act  for  using,  keeping  for  use,  selling  or  offering  to  sell,  or 
keeping  for  sale,  any  false  weight,  scale,  beam,  measure  of  any 
kind,  instrument  or  mechanical  device  for  measurement,  tools, 
appliances  or  accessories  connected  with  any  or  all  such  instru- 
ments or  measures. 

The  sealer  of  weights  and  measures  shall,  within  his  county    S*-1* 

i        • ,  •  1      ,  .  J  '     Duties  and  authority 

incorporated  city,  incorporated  town  or  incorporated  city  and of  sealers;  apparatus  to 
county,  inspect,  test,  try  and  ascertain  if  they  are  correct  all  Sow'S  ' 
weights,  scales,  beams,  measures  of  any  kind,  instruments  or 
mechanical  devices  for  measurements,  and  tools,  appliances,  or 
accessories  connected  with  any  or  all  such  instruments  or  measures, 
kept  for  the  purpose  of  sale,  sold,  or  used  or  employed  within  the 
respective  county,  incorporated  city,  incorporated  town  or  incorpo- 
rated city  and  county  by  any  proprietor,  agent,  lessee  or  employee 
in  proving  the  size,  quantity,  extent,  area  or  measurement  of  quan- 
tities, things,  produce,  articles  for  distribution  or  consumption 
offered  or  submitted  by  such  person  or  persons  for  sale,  hire  or 
award;  and  he  shall  have  the  power  to  and  shall,  from  time  to 
time,  weigh  or  measure  packages  or  amounts  of  commodities  of 
whatsoever  kind  kept  for  the  purpose  of  sale,  offered  for  sale  or 
sold  or  in  the  process  of  delivery  in  order  to  determine  whether  the 
same  contains  the  amount  represented  and  whether  they  are  being 
offered  for  sale  or  sold  in  a  manner  in  accordance  with  the  law. 
He  shall,  at  least  twice  in  each  year,  or  as  much  oftener  as  he 
deems  necessary,  see  that  the  weights,  measures  and  all  weighing 
and  measuring  apparatus,  used  in  his  respective  county,  incorpo- 
rated city,  incorporated  town  or  incorporated  city  and  county,  are 
correct.  He  may,  for  the  purpose  above  mentioned,  and  in  the 
general  performance  of  his  duty,  enter  or  go  into  or  upon,  and 
without  formal  warrant,  any  stand,  place,  building  or  premises 
or  stop  any  vendor,  peddler,  junk  dealer,  driver  of  a  coal  wagon, 
ice  wagon  or  delivery  wagon  or  any  dealer  whatsoever,  and  if 
necessary,  require  him  to  proceed  to  some  place  which  the  sealer 
of  weights  and  measures  may  specify  for  the  purpose  of  making 
the  proper  tests. 

Whenever  a  sealer  of  weights  and  measures  finds  a  violation  of   ^^ 
any  of  the  statutes  relating  to  weights  and  measures  he  shall 
cause  the  violator  to  be  prosecuted. 

Whenever  a  sealer  of  weights  and  measures  compares  weights   i^aratus.  to  be 
and  measures  or  weighing  or  measuring  instruments  and  finds  that sealed>  when 
they  correspond,  or  causes  them  to  correspond  to  the  standard  in 
his  possession,  he  shall  seal  or  mark,  under  his  name,  such  weight 
or  measure  or  weighing  or  measuring  instrument  with  an  appro- 
priate device  showing  that  the  weight  or  measure  or  weighing  or 


38  Laws  Concerning  Weights  and  Measures 

measuring  instrument  is  correct  and  the  date  of  the  inspection, 
which  device  shall  be  so  placed  as  to  be  easily  seen, 
—to  be  seized  and  de-     He  shall  condemn  and  seize  and  may  destroy  incorrect  weights 

stroyed,  when  ••..  •         •       -  1-1 

and  measures  and  weighing  and  measuring  instruments  which  can 
not  be  repaired,  but  any  weight,  measure  or  weighing  or  measuring 
instrument  which  shall  be  found  to  be  incorrect,  but  which  can  be 
repaired,  he  shall  cause  to  be  marked  with  a  tag  or  other  suitable 
device  with  the  words  "Out  of  order."  The  owners  or  users  of  any 
weights  or  measures  or  weighing  or  measuring  instruments  which 
have  been  marked  "Out  of  order,"  as  in  this  section  provided, 
shall  have  the  same  repaired  or  corrected  within  ten  days,  but 
until  the  same  have  been  repaired  or  corrected  and  tested  as  herein 
provided  the  owners  or  users  thereof  may  neither  use  or  dispose  of 
the  same  in  any  way,  but  shall  hold  the  same  at  the  disposal  of  the 
sealer  of  weights  and  measures.  When  the  same  have  been 
repaired  or  corrected  the  owner  or  user  thereof  shall  notify  the 
sealer  of  weights  and  measures  and  the  sealer  of  weights  and  meas- 
ures shall  again  test  and  prove  the  weight,  measure  or  weighing  or 
measuring  instrument  which  has  been  found  incorrect  and  marked 
as  in  this  section  provided,  and  until  such  weight,  measure  or 
weighing  or  measuring<  instrument  has  been  inspected  by  the 
sealer  of  weights  and  measures  and  found  correct  the  same  shall 
not  be  used. 

mwe^r^iterate'tag6  Any  person  who  removes  or  obliterates  any  tag  or  device  with 
the  words  "Out  of  order"  or  any  tag,  mark,  seal  or  device  placed 
upon  any  weight,  measure  or  weighing  or  measuring  instrument, 
as  in  this  act  provided,  shall  be  guilty  of  a  misdemeanor. 

sealer  to  remove  tag  when  any  weight,  measure  or  weighing  or  measuring  instrument 
has  been  repaired  and  corrected,  as  in  this  section  provided,  and 
has  been  inspected  and  found  correct  by  the  sealer  of  weights  and 
measures,  as  in  this  section  provided,  the  sealer  of  weights  and 
measures  shall  remove  the  tag  or  device  with  the  words  "Out  of 
order"  and  shall  seal  and  mark  such  weight,  measure  or  weighing 
or  measuring  instrument  in  the  manner  provided  in  this  section. 

Any  person  who,  by  himself,  or  his  employee  or  agent  or  as  the 
employee  or  agent  of  another,  shall  use,  in  the  buying  or  selling  of 
any  commodity,  or  retain  in  his  possession  a  false  weight  or  meas- 
ure or  weighing  or  measuring  instrument,  or  use  or  retain  in  his 
possession  any  weight  or  measure  or  weighing  or  measuring  instru- 
ment in  any  county,  incorporated  city,  incorporated  town  or  in- 
corporated city  and  county  in  which  there  has  been  appointed  a 
sealer  of  weights  and  measures  in  accordance  with  the  provisions 
of  this  act,  which  has  not  been  sealed  by  a  sealer  of  weights  and 
measures  within  one  year,  or  who  shall  dispose  of  any  condemned 
weight  or  measure  or  weighing  or  measuring  instrument  contrary 


California 

to  law,  or  any  person  who,  by  himself,  or  his  employee  or  agent, 
or  as  the  employee  or  agent  of  another,  shall  sell  or  offer  for  sale 
or  have  in  his  possession  for  the  purpose  of  selling,  any  device  or 
instrument  to  be  used  to  or  calculated  to  falsify  any  weight  or 
measure,  and  any  person  who,  by  himself  or  his  employee  or  agent, 
or  as  the  employee  or  agent  of  another,  shall  sell  or  offer  or  expose 
for  sale  any  commodity,  produce,  article  or  thing  in  a  less  quantity 
than  that  he  represents  it  to  be  or  contain,  shall  be  guilty  of  a 
misdemeanor. 

A  sealer  of  weights  and  measures,  in  the  performance  of  his  offi- 
cial  duties,  shall  have  the  same  powers  as  are  possessed  by  police 
officers  of  this  state. 

Any  person  who  shall  hinder  or  obstruct  in  any  way  a  sealer  of   §«?•  ^ 

•    -L.J-  j  -0.1  f  r  i  •        i-f    •    i    •,  i     Hindering  or  ob- 

weights  and  measures  in  the  performance  of  his  official  duties  shall  stmcting,  misdemeanor 
be  guilty  of  a  misdemeanor. 

No  person  shall  neglect  or  refuse  to  exhibit  any  weight,  measure  sec. 
or  weighing  or  measuring  instrument  of  any  kind,  or  appliances  or  bS^ 
accessories  connected  with  any  or  all  of  such  instruments  or  meas-measures>etc"t08ealer 
ures  which  is  in  his  possesrion  or  under  his  control,  to  any  sealer  of 
weights  and  measures  within  the  territorial  limits  of  the  jurisdiction 
of  such  sealer  of  weights  and  measures  for  the  purpose  of  allowing 
the  same  to  be  inspected  and  examined  by  the  sealer  of  weights 
and  measures. 

No  person,  by  himself,  or  his  employee  or  agent,  or  as  a  pro-   §«=.« 

r  i  ./.,  *.    ,  '  K,  Neglecting  or  refaw- 

pnetor  or  manager,  shall  refuse  to  exhibit  any  article,  commodity,  ing  to  exhibit  articles, 

j  .11  •         i_    •  11  rcjr  i  •  •    /.commodities,    etc.,    to 

produce  or  thing  being  sold  or  offered  for  sale  at  a  given  weight  sealer 
or  quantity,  or  ordinarily  so  sold,  to  a  sealer  of  weights  and  meas  • 
ures  within  the  territorial  jurisdiction  of  such  sealer  of  weights  and 
measures  for  the  purpose  of  allowing  the  same  to  be  tested  and 
proved  as  to  the  quantity  therein  contained  by  the  sealer  of  weights 
and  measures. 

Every  sealer  of  weights  and  measures  appointed  under  the  pro-   s**-"    . 

.    .  J  f  .1  •  1      11  <•    11      1  j      <•     11  .  j     i          Sealer  to  keep  record 

visions  of  this  act  shall  carefully  keep  a  record  of  all  tests  made  by 
him,  of  all  measures  or  weights  and  of  all  weighing  or  measuring 
instruments  which  have  been  tested  and  found  correct,  or  which 
have  been  tested  and  found  incorrect,  of  all  arrests  made  by  him 
for  violations  of  the  provisions  of  this  act,  and  of  all  of  his  official 
acts,  which  record  shall  always  be  open  to  public  inspection. 

Any  sealer  of  weights  and  measures  who  willfully  neglects  toln^[^°i)ento'mblk 
perform  any  of  his  duties,  as  provided  by  this  act,  may  be  removed   f£gle*tbygca,cr 
by  the  same  power  which  appointed  him  and  the  said  appointing 
power  shall  be  sole  judge  of  the  existence  of  the  cause  for  such 
removal. 

Any  sealer  who  shall  seal  any  weight,  measure,  balance  or  appa- 
ratus before  first  testing  and  making  the  same  conform  with  the 


4O  Laws  Concerning  Weights  and  Measures 

authorized  standard,  or  who  shall  condemn  any  weight,  measure, 
balance  or  apparatus  without  first  testing  the  same,  shall  be 
deemed  guilty  of  a  misdemeanor. 

flotation  of  act  a  Any  person  violating  any  of  the  provisions  of  this  act  shall  be 
misdemeanor  guilty  of  a  misdemeanor. 

Deflation  The  word  "  person, "  as  used  in  this  act,  shall  be  deemed  to 

include  person,  firm  or  corporation. 

officers  of  corpora-  It  shall  be  the  duty  of  all  officers,  directors  and  managers  of 
turns  to  comply  with  act  corporations,  whose  respective  corporations  use  or  keep  for  use  or 
sell  or  offer  for  sale  any  weights,  measures  or  weighing  or  meas- 
uring instruments  which  are  subject  to  inspection  by  the  provi- 
sions of  this  act,  to  comply  with  the  provisions  of  this  act  on 
behalf  of  their  respective  corporations,  and  it  shall  be  the  duty  of 
all  officers,  directors  and  managers  of  corporations,  whose  respec- 
tive corporations  offer  for  sale  or  keep  for  sale  any  commodity, 
produce,  article  or  thing  which  is  subject  to  inspection  by  the 
provisions  of  this  act,  to  comply  with  the  provisions  of  this  act 

officers  responsible  on  behalf  of  their  respective  corporations.     In  case  any  corpora - 

ior  violation  .  „        .  .  .    .  .  *^ 

Misdemeanor  tion  shall  violate  any  of  the  provisions  of  this  act  the  officers, 
directors  and  managers  of  the  same  shall  be  responsible  for  such 
violation  and  shall  be  guilty  of  a  misdemeanor. 

counties  may  com-  Two  or  more  counties  of  this  state  may,  by  agreement,  appoint 
btae  one  sealer  of  weights  and  measures  and  may  fix  his  compensation 

and  provide  for  his  deputies  and  fix  their  compensation.  A  sealer 
of  weights  and  measures  so  appointed  shall  have  jurisdiction  over 
the  counties  appointing  him.  In  case  two  or  more  counties  appoint 
a  sealer  of  weights  and  measures,  under  the  provisions  of  this  sec- 
tion, such  sealer  of  weights  and  measures  shall  perform  the  duties 
and  have  the  powers  of  sealers  of  weights  and  measures  appointed 
under  the  foregoing  provisions  of  this  act. 

i«es28may  be  pro-  Any  county  or  counties,  incorporated  city,  incorporated  town 
vided  or  incorporated  city  and  county  appointing  a  sealer  of  weights 

Disposition  of  fees  an(j  measures  under  the  provisions  of  this  act  may  provide  the 
fees  or  charges  that  may  be  exacted  by  the  sealer  of  weights  and 
measures  for  sealing  and  making  each  weight,  measure  or  weigh- 
ing or  measuring  instrument  and  may  provide  for  the  proper  dis- 
position of  such  fees  and  charges. 

All  acts  and  laws  and  parts  of  acts  and  laws  in  conflict  with 
the,  or  any  of  the  provisions  of  this,  act,  are  hereby  repealed, 
c^de,  1909.     The  standard  yard  is  the  unit  or  standard  measure  of  length 
' 8>  p' 8si    and  surface  from  which  all  other  measure  of  extension,  whether 

units  of  extension     lineal,  superficial,  or  solid,  are  derived  and  ascertained. 

Division1  of  the  yard  The  yard  is  divided  into  three  equal  parts,  called  feet,  and  each 
foot  into  twelve  equal  parts,  called  inches;  for  measures  of  cloths 


California 

and  other  commodities  commonly  sold  by  the  yard,  it  may  be 
divided  into  halves,  quarters,  eighths,  and  sixteenths. 

The  rod,  pole,  or  perch,  contains  five  and  a  half  yards,  and  the    l^3"^ 
mile  one  thousand  seven  hundred  and  sixty  yards;  the  chain  for   ^.^ 
measuring  land  is  twenty-two  yards  long,  and  divided  into  one 
hundred  equal  parts,  called  links. 

The  acre  for  land  measure  must  be  measured  horizontally,  and   Acre3"3 
contains  ten  square  chains,  and  is  equivalent  in  area  to  a  rec- 
tangle sixteen  rods  in  length  and  ten  in  breadth  ;  six  hundred  and 
forty  acres  being  contained  in  a  square  mile. 

The  standard  avoirdupois  and  troy  weights  are  the  units  or   ffnitfof4weight 
standards  of  weight  from  which  all  other  weights  are  derived  and 
ascertained. 

The  avoirdupois  pound,  which  bears  to  the  troy  pound  the  ratio  %fagg  of  d 
of  seven  thousand  to  five  thousand  seven  hundred  and  sixty,  is 
divided  into  sixteen  equal  parts,  called  ounces;  the  hundred  weight 
consists  of  one  hundred  avoirdupois  pounds  and  twenty  hundred 
weight  constitute  a  ton.  The  troy  ounce  is  equal  to  the  twelfth 
part  of  the  troy  pound. 

The  standard  gallon  and  its  parts  are  the  units  or  standards  of 
measure  of  capacity  for  liquids,  from  which  all  other  measures  of 
liquids  are  derived  and  ascertained. 

The  barrel  is  equal  to  thirty-one  and  a  half  gallons,  and  two 
barrels  constitute  a  hogshead. 

The  standard  half  bushel  is  the  unit  or  standard  measure  of 
capacity  for  substances  other  than  liquids,  from  which  all  other  8oUds 
measures  of  such  substances  are  derived  and  ascertained. 

The  peck,  half  peck,  quarter  peck,  quart,  and  pint  measures  for 
measuring  commodities  other  than  liquid  are  derived  from 
half  bushel  by  successively  dividing  that  measure  by  two. 

The  measures  of  capacity  for  coal,  ashes,  marl,  manure,  Indian 
corn  in  the  ear,  fruit,  and  roots  of  every  kind,  and  for  all  other  or  commodities 
commodities  commonly  sold  by  heap  measure,  are  the  half  bushel 
and  its  multiples  and  subdivisions;  and  the  measures  used  to   construction 
measure  such  commodities  must  be  made  cylindrical,  with  plane  9 
and  even  bottom,  and  must  be  of  the  following  diameters  from 
outside  to  outside:  the  bushel,  nineteen  and  a  half  inches;  half 
bushel,  fifteen  and  a  half  inches,  and  a  peck,  twelve  and  a  third 
inches. 

All  commodities  sold  by  heap  measure  must  be  duly  heaped  up 
in  the  form  of  a  cone;  the  outside  of  the  measure,  by  which  the 
same  are  measured,  to  be  the  limit  of  the  base  of  the  cone,  and 
such  cone  to  be  as  high  as  the  article  will  admit. 

Contracts  made  within  this  State  for  work  to  be  done,  or  for 
anything  to  be  sold  or  delivered  by  weight  or  measure,  must  be  tracts 
construed  according  to  the  foregoing  standards. 


., 


uenit3of8measure  for 


0,  haH 


0,  capaci(y 


f^32measure 


|e0cn83tr£tion  of  con. 


42  Laws  Concerning  Weights  and  Measures 

weightier  bushel  Whenever  wheat,  rye,  Indian  corn,  barley,  buckwheat,  or  oats, 
are  sold  by  the  bushel,  and  no  special  agreement  as  to  the  weight 
or  measurement  is  made  by  the  parties,  the  bushel  consists  of 
sixty  pounds  of  wheat,  of  fifty-four  pounds  of  rye,  of  fifty-two 
pounds  of  Indian  corn,  of  fifty  pounds  of  barley,  of  forty  pounds 
of  buckwheat,  and  of  thirty-two  pounds  of  oats. 
I909>  A  f^56  weight  or  measure  is  one  which  does  not  conform  to 
the  standard  established  by  the  laws  of  the  United  States  of 

False     weight     and  America 
measure  defined  tv  ' 

Sec.  554  Every  person  who  knowingly  marks  or  stamps  false  or  short 

weight™ ping  se  weight  or  measure,  or  false  tare,  on  any  cask  or  package,  or 
knowingly  sells,  or  offers  for  sale,  any  cask  or  package  so  marked, 
is  guilty  of  a  misdemeanor. 

Sec  (z5^-7<5)  In  all  sales  of  coal,  hay,  and  other  commodities,  usually  sold 

weight  by  the  ton  or  by  the  ton  or  fractional  parts  thereof,  the  seller  must  give  to  the 
purchaser  full  weight,  at  the  rate  of  two  thousand  pounds  to  the 
ton;  and  in  all  sales  of  articles  which  are  sold  in  commerce  by 

Fun  weight  required  av°irdupois  weight,  the  seller  must  give  to  the  purchaser  full 
weight,  at  the  rate  of  sixteen  ounces  to  the  pound;  and  any  per- 
son violating  this  section  is  guilty  of  a  misdemeanor. 
(i872  1873, 1874)         Every  person  who,  in  putting  up  in  any  bag,  bale,  box,  barrel, 

Penal    Code,    1909,  *.«_•!  1  <  • 

Deering,  p.  i8S          or  other  package,  any  hops,  cotton,  wool,  grain,  hay,  or  other 
penauy  tor  putting  ex- goods  usually  sold  in  bags,  bales,  boxes,  barrels  or  packages  by 
praaSSss^idSbaynweigw  weight,  puts  in  or  conceals  therein  anything  whatever,  for  the 
to  increase  the  weight  pUrpOse  of  increasing  the  weight  of  such  bag/bale,  box,  barrel,  or 
package,  with  intent  thereby  to  sell  the  goods  therein,  or  to 
enable  another  to  sell  the  same,  for  an  increased  weight,  is  pun- 
ishable by  fine  of  not  less  than  twenty-five  dollars  for  each  offense, 
penal  ^cSde    i         ^ny  Person  or  persons,  firm  or  corporation,  who  offers  for  sale 
Deering,  p.  755'        '  roll-butter  not  of  full  weight  to  each  roll,  shall  be  guilty  of  a  mis- 

Short-weight  butter      ..  *>          J 

demeanor. 

(1901)  The  standard  miner's  inch  of  water  shall  be  equivalent  or  equal 

,i9oi,ch.»2>P.to  Qne  an(j  one_jiajf  cubic  feet  Of  water  per  minute,  measured 

Miner's  inch          through  any  aperture  or  orifice. 

sec.  2  ,      All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this 

Repealed  .          ,    l  ,    j 

act  are  hereby  repealed. 

Gen.  (i^ws,    1909,     All  Persons  now  engaged  in  or  who  may  hereafter  engage  in  a 

peering,  act  4383(  P.  general  warehouse,  wharfinger  or  storage  business  for  the  storage 

sec.  i  of  grain  or  other  commodities,  which  in  the  course  of  such  business 

Weighers    at    ware-  -r.jt.iiir  A-U    '  '  t.  t-       •  ••*-!.• 

houses  are  weighed,  shall,  before  they  engage  in  such  business,  or  within 

sixty  days  after  the  appointment  of  an  inspector  of  weights  as  pro- 
vided in  section  4  of  this  act,  designate  in  writing  a  person  or  per- 
sons as  weigher  or  wreighers  for  such  business  at  the  place  thereof, 
and  the  person  or  persons  so  designated  shall  thereupon,  and  before 


43 


Sec.  4 

County  inspectors 


California 

they  shall  do  any  weighing  for  such  business  subscribe,  before  an 
officer  authorized  to  administer  oaths,  the  following  oath  to  wit: 

All  persons  engaged  in  the  business  in  the  foregoing  section  men-   correct  scales 
tioned  shall  keep  for  and  use  in  such  business  no  other  than  true 
and  correct  scales  and  weights.     *    *    * 

No  person,  excepting  the  person  or  persons  thus  designated  and 
subscribing  and  recording  such  oath  shall  do  any  of  the  weighing 
of  such  business. 

Every  person  engaged  in  the  business  in  said  section  one  men-   g^j 
tioned,  shall  keep  and  use  therein  none  but  true  weights,  and   wSs^Jntonnto 
scales;  said  weights  must  conform  to  the  United  States  standard U'S'standard 
of  weights. 

The  board  of  supervisors  of  the  respective  counties  of  the  State 
of  California,  hereby  are  authorized  to  appoint  for  their  respective 
counties  an  inspector  of  weights  and  measures,  who  shall  hold 
office  at  the  pleasure  of  said  board  and  receive  such  compensation 
as  each  board  may  allow,  and  whose  duty  it  shall  be  from  time  to 
time  to  test  and  examine  all  scales  and  weights  kept  or  used  in  the 
business  in  the  foregoing  sections  mentioned,  and  report  all  viola- 
tions of  this  act  to  the  district  attorney  of  such  county,  whose  duty 
it  shall  be  to  prosecute  all  violations  hereof. 

Every  violation  of  this  act  shall  be  and  is  punishable  as  a  mis- 
demeanor. 

Besides  the  prosecution  of  the  criminal  actions  herein  provided 
for,  every  person  defrauded  by  false  or  incorrect  weighing  shall  be  wei&ht 
entitled  to  recover  from  the  person  owning  or  conducting  such  busi- 
ness as  in  the  foregoing  sections  mentioned,  in  any  court  of  com- 
petent jurisdiction,  three  times  the  amount  of  such  shortage  in 
weight  of  the  grain  or  other  commodity  so  delivered  or  taken  out 
by  him. 

There  shall  be  but  one  standard  for  the  measurement  of  logs^J^ 
throughout  this  state.  b/suts., :~a*>.  ch. »«, 

Sec.  i 
Logs 

The  following  table,  known  as  Spaulding's  Table  for  the  Measure-   t£le2  for  measuring 
ment  of  Logs,  is  hereby  made  the  standard  and  table  for  the  meas- 
urement of  logs  throughout  this  state,    *    *    *     .* 

No  person,  firm  or  corporation  shall  hereafter  sell,  offer  for  sale,  ^^  %™S9'  IS 
or  receive  for  the  purpose  of  sale,  any  milk,  skim  milk  or  cream,   £f^4d  8allon  meag. 
except  such  sale,  offer,  or  receipt,  shall,  as  to  quantity,  be  based  ureformiik 
upon  the  liquid  gallon,  containing  two  hundred  and  thirty-one 
cubic  inches,  or  the  liquid  quart  containing  fifty-seven  and  sev- 
enty-five one  hundredths  cubic  inches,  or  the  proper  and  complete 


Sec.  5 
Misdemeanor 


Sec.  6 
Damages 


for    short 


1  The  table  has  been  omitted  on  account  of  its  great  length. 


44  Laws  Concerning  Weights  and  Measures 

liquid  subdivision  thereof;  provided,  that  nothing  in  this  act  shall 
be  construed  as  prohibiting  the  buying  or  selling  of  milk  or  cream 
either  by  weight  or  on  the  basis  of  its  butter  fat  contents;  and 
provided,  further,  that  in  any  hotel,  restaurant,  or  other  eating 
place,  where  milk  is  sold  with  meals,  or  where  it  is  sold  to  be  drunk 
immediately,  it  may  be  sold  by  the  glass. 


COLORADO 


n 

Rev.  Stat.,  1908.  ch. 


Sec.  7025 
Ton 

Sec.  7026 
Weight  per  bushel 


That  the  weights  and  measures  accepted  and  used  by  the  srov- 

r   ,  1         TT     "A       i    C\A  .1  ,  • 

ernment  of  the  United  States  at  the  present  time,  except  as  here- 
inafter  provided,  shall  be  deemed  the  lawful  standard  of  weights   standrd 
and  measures  of  the  people  of  this  state. 

The  ton  shall  be  twenty  hundred  pounds  weight,  avoirdupois. 

Sixty  pounds  of  wheat,  fifty-six  pounds  of  rye,  fifty-six  pounds 
of  Indian  corn,  seventy  pounds  of  corn  in  the  ear,  forty-eight 
pounds  of  barley,  thirty-two  pounds  of  oats,  sixty  pounds  of  pota- 
toes, sixty  pounds  of  beans,  sixty  pounds  of  clover  seed,  forty-five 
pounds  of  timothy  seed,  forty-four  pounds  of  hemp  seed,  fifty-two 
pounds  of  buckwheat,  fourteen  pounds  of  blue  grass  seed,  fifty 
pounds  of  corn  meal,  fifty-seven  pounds  of  onions,  eighty  pounds 
of  salt,  eighty  pounds  of  lime,  eighty  pounds  of  mineral  coal, 
respectively,  shall  be  the  standard  weight  of  a  bushel  of  each  of 
the  foregoing  articles;  and  twenty-five  hundred  cubic  inches  of 
charcoal  shall  be  the  standard  measure  of  a  bushel;  and  a  perch 
of  stone  in  mason  work  shall  be  considered  sixteen  and  one-half 
cubic  feet;  and  for  brick  work  measure,  when  laid  up  in  wall,  shall 
be  counted  twenty-two  brick  per  cubic  foot  for  foot  wall,  and 
fifteen  brick  for  what  is  known  as  eight  inch  wall;  a  common 
brick  to  be  eight  and  one-half  inches  in  length,  four  and  one- 
quarter  inches  in  width,  and  two  and  three-eighths  inches  in  thick- 
ness; and  water  sold  by  the  inch  by  any  individual  or  corporation  ^measure'615  irnga 
shall  be  measured  as  follows,  to-wit  :  Every  inch  shall  be  considered 
equal  to  an  inch  square  orifice  under  a  five  inch  pressure,  and  a  five 
inch  pressure  shall  be  from  the  top  of  the  orifice  of  the  box  put 
into  the  banks  of  the  ditch,  to  the  surface  of  water;  said  boxes  or 
any  slot  or  aperture  through  which  such  water  may  be  measured, 
shall  in  all  cases  be  six  inches  perpendicular,  inside  measurement, 
except  boxes  delivering  less  than  twelve  inches,  which  may  be 
square,  with  or  without  slides;  all  slides  for  the  same  shall  move 
horizontally  and  not  otherwise;  and  said  box  put  into  the  banks 
of  ditch  shall  have  a  descending  grade  from  the  water  in  ditch  of 
not  less  than  one-eighth  of  an  inch  to  the  foot. 

45 


Bushel  for  charcoal 


Perch  of  brickwork 


Size  of  brick 


tach  of  water 


46  Laws  Concerning  Weights  and  Measures 


jJjMw***''  19o8>  ch'     ^e  state  engineer  shall  use  in  all  his  calculations,  measurements, 

water  3by  cubic  foot   records  and  reports,  the  cubic  foot  per  second  as  the  unit  of  meas- 

urement of  flowing  water,  and  the  cubic  foot  as  the  unit  of  meas- 

urement of  volume. 

Rev.  su?t?i9o8.  ch.     ^  snau  be  the  duty  of  the  treasurer  of  this  state  to  procure  as 

Issec  7027  '  soon  as  possible  from  the  proper  department  of  the  federal  gov- 

Treasurer  to  procure  ernment,  all  necessary  weights  and  measures  for  the  use  of  the 

state,  and  as  soon  as  he  shall  receive  them,  to  give  public  notice 

through  two  or  more  newspapers  for  thirty  days,  to  each  and  every 

board  of  county  commissioners  in  the  state,  to  obtain  copies  or 

duplicates  of  said  weights  and  measures. 

rteaiere8  to  compare     That  all  venders  and  traders  in  goods,  wares,  and  merchandise, 

with  standard  gold  dust  and  other  articles  of  traffic  shall,  within  ninety  days  after 

the  reception  of  the  standards  by  said  commissioners,  have  their 
balances,  weights  and  measures  compared  with  said  standards  of 
their  respective  counties,  and  approved  and  marked  by  the  county 
inspector,  and  if  the  same  are  found  to  be  correct,  to  be  sealed  with 
the  name  or  the  initial  letters  of  the  county  inscribed  thereon,  or 
condemned  by  him  if  found  incorrect. 
Appointment  of  in-  That  on  the  first  regular  meeting  of  the  board  of  county  com- 

spector  missioners  in  each  county  in  this  state,  after  the  passage  of  this 

chapter,  and  thereafter  annually,  on  the  first  regular  monthly 
meeting  of  every  year,  said  county  commissioners  shall  appoint  a 
fit  and  proper  person,  who  shall  be  styled  inspector  of  weights  and 
measures,  and  shall  give  bond  to  the  county  for  the  faithful  per- 
formance of  the  duties  of  his  office,  as  said  commissioners  may 
direct. 

fees7oi3hispector  That  each  county  board  shall  make  out  a  list  of  fees  to  be  charged 
by  said  inspector,  and  which  fees  when  charged  shall  be  recover- 
able in  any  court,  as  any  other  debt  or  account  is  recovered. 

That  it  shall  be  the  duty  of  each  county  board,  as  aforesaid,  to 
furnish  to  each  inspector  all  the  necessary  tools,  marks  and  brands 
which  he  may  require,  to  be  paid  for  out  of  the  county  funds. 
selling,     All  persons,  for  the  purpose  of  weighing  or  measuring  goods, 

penalty  wares,  merchandise,  water  or  other  articles  of  traffic,  actually  sold 

by  him,  not  in  accordance  with  this  chapter,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  may  be 
imprisoned  not  exceeding  one  year,  or  fined  not  exceeding  one 
thousand  dollars  at  the  discretion  of  the  court  in  which  the  con- 
viction shall  be  obtained. 

s^ss?^1"  I9o8>  ch'      -^  any  Person  shall  knowingly  have,  keep  or  use  any  false  or 
Faisel8weights,  pen-  fraudulent  scales  or  weights  for  weighing  gold  or  gold  dust  or  any 

ity  other  article  or  commodity,  every  such  person  so  offending  shall, 

on  conviction,  be  fined  not  exceeding  five  hundred  dollars,  or 
imprisoned  in  the  county  jail  not  exceeding  six  months. 


Colorado 


47 


If  any  person  shall  knowingly  sell  by  false  weights  or  measures,    §•*• l8" 
or  shall  knowingly  use  false  measures  at  any  mill,  in  taking  toll  f or  p«3?  ™^*    ni"' 
grinding  corn,  wheat,  rye  or  other  grain,  he  shall  be  deemed  a 
common  cheat,  and  on  conviction  shall  be  fined  not  less  than  two 
hundred  dollars  and  be  imprisoned  in  the  county  jail  not  exceed- 
ing three  months. 

Whenever  it  shall  come  to  the  knowledge  of  the  inspector  that    Rev-  stat-  «**.  ch. 
any  person  within  his  county  has  violated  any  of  the  provisions  '"'e?.'  703^ 
of  this  chapter,  it  shall  be  his  duty  to  enter  a  complaint  against   Inspect 
him  before  some  magistrate  having  jurisdiction  of  the  offense 
thereof,  to  the  end  that  the  offender  may  be  punished  and  fined 
according  to  law. 

All  fines  imposed  and  collected  for  violation  of  the  provisions  of   §?c-  ^ 

.1  •         1  i      11   1  -j    •     A       0.1  f  *     Fines  paid  into  county 

this  chapter  shall  be  paid  into  the  county  treasury  for  the  use  of  treasury 
the  people  of  the  county  in  which  the  offense  was  committed. 

It  shall  be  the  duty  of  every  corporation,  company  or  persons    Rev-  stat.,  1908.  ch. 
engaged  in  the  business  of  mining  and  selling  coal  by  weight  or27]    324(/po/> 
measure  in  this  state  to  procure  and  constantly  keep  on  hand,  at   tca'ussand measures 
the  proper  place,  the  necessary  scales  and  measures  and  whatever  ingb£ol?orauonsby  mta~ 
else  may  be  necessary  to  correctly  weigh  or  measure  the  coal  mined 
and  taken  out  by  the  workmen  or  miners  of  such  corporation, 
company  or  persons,  and  it  shall  be  the  duty  of  the  Inspector  of 
Weights  and  Measures  of  every  county  in  which  coal  is  mined  and 
sold  to  visit  each  coal  mine  operated  therein,  and,  once  in  each 
year,  unless  oftener  requested  by  the  operator  or  the  miner  or  the 
miners,  test  the  correctness  of  such  scales  and  measures.     If  in  any 
county  there  is  no  Inspector  of  Weights  and  Measures,  then  the 
State  Inspector  of  Mines  shall  be  required  to  test  the  correctness 
of  such  scales  or  measures  within  a  reasonable  time  after  applica- 
tion is  made  to  him  therefor  by  either  the  miners  or  owner  or 
those  who  may  be  operating  the  mine. 

Each  car  or  other  apparatus  used  by  any  such  corporation,  com- 
pany  or  person  in  removing  coal  from  any  mine  shall  be  plainly 
marked  by  having  distinctly  placed  upon  it  a  number  which  shall  Marktoscara 
be  kept  thereon  while  such  car  or  apparatus  is  in  use  and  no  two 
cars  or  other  apparatus  so  used  shall  bear  the  same  number,  and 
if  the  coal  from  such  mine  is  mined  and  the  miners  are  paid  therefor 
according  to  weight  for  mining  the  same,  every  such  car  so  used 
shall  be  weighed  upon  such  tested  scales  and  the  weight  of  the  coal 
thereof  shall  be  correctly  credited  to  the  person  mining  it  and 
recorded  in  a  book  kept  for  that  purpose  and  the  correct  weight  shall  Record 
also  be  marked  upon  such  car  or  apparatus  before  it  is  returned 
to  the  mine  for  reloading.  If  the  coal  of  any  such  mine  is  mined 
and  the  miners  thereof  are  paid  for  the  same  by  measure,  the  num- 
ber of  bushels  of  coal  such  car  or  other  apparatus  will  hold  when 


48 


Laws  Concerning  Weights  and  Measures 


Legal  ton  of  coal 


Sec.  663 
Weighing  of  coal 


Measure  of  coal 


Sec.  664 

Violation  of  this  act 


loaded  to  its  capacity  shall  also  be  plainly  marked  upon  it  and 
kept  thereon  as  long  as  such  car  is  used,  as  aforesaid.  When  coal 
is  mined  by  weight  or  by  the  ton,  two  thousand  pounds  shall  con- 
stitute a  ton,  or  where  it  is  measured  by  the  bushel,  eighty  pounds 
shall  constitute  one  bushel. 

All  coal  mined  by  the  ton  or  by  weight  shall  be  weighed  in  the 
car  or  other  apparatus  in  which  it  is  removed  from  the  mine  before 
it  is  screened,  or  before  it  is  passed  over  or  dumped  down  upon  any 
screen  or  any  other  device  which  may  let,  or  be  capable  of  letting  a 
portion  of  the  coal  drop  through  such  screen  or  device,  and  it  shall 
be  paid  for  according  to  the  weight  so  ascertained  at  such  price  per 
ton  as  may  be  agreed  upon  by  such  owner  or  operators  and  the 
miner  or  miners  who  mine  the  same.  All  coal  mined  and  paid  for 
by  measure  shall  be  paid  for  per  car  according  to  the  number  of 
bushels  marked  upon  the  car  or  other  apparatus  in  which  it  is 
removed  from  the  mine,  and  without  the  coal  thereof  being 
screened  or  without  it  being  passed  over  or  dumped  upon  a  screen 
or  any  other  device  which  shall  let  any  portion  of  the  coal  fall 
through  such  screen  or  device. 

A  failure  to  comply  with  any  of  the  provisions  of  this  act  shall 
be  unlawful  and  deemed  a  misdemeanor,  and  any  person,  agent  or 
owner  operating  a  coal  mine  in  this  state  who  shall  be  convicted  of 
a  violation  of  this  act  shall  be  fined  for  the  first  offense  not  less  than 
twenty-five  dollars  ($25.00),  nor  more  than  fifty  dollars  ($50.00) 
and  for  the  second  offense  and  each  subsequent  offense  not  less 
than  one  hundred  dollars  ($100.)  nor  more  than  two  hundred  dol- 
lars ($200.) 

That  hereafter  in  all  coal  mines  in  this  State,  operated  by  indi- 
coai""mines,  check viduals  or  corporations,  whether  as  owners  or  lessees  and  working: 

weighman  .  .,  «      ,<  , 

twenty  or  more  miners  underground,  there  may  be  employed  a 
selected  by£heck  Weighman,  who  shall  be  selected  by  the  miners  employed 
in  said  mine  and  whose  wages  shall  be  paid  by  the  miners  therein 
employed. 

The  duties  of  such  Check  Weighman  shall  be  to  see  that  all  coal, 
mined  in  the  coal  mine  at  which  he  is  employed,  is  accurately 
weighed  and  for  that  purpose  every  such  aforesaid  owner  or  lessee 
shall  give  to  such  Weighman,  free  access  to  all  scales  and  weights 
used  for  that  purpose  and  to  all  books  wherein  the  weights  of  coal 
mined  by  the  miners  in  said  mines  are  recorded. 

penalty  for  hindering     Any  mine  owner,  operator,  manager  superintendent  or  lessee 

check  weighman        operating  any  coal  mine  in  this  State  who  shall  refuse  to  allow  any 

such  Check  Weighman  to  be  so  employed  or  shall  refuse  such 

Check  Weighman  access  to  such  aforesaid  scales,  weights  or  books, 

shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 


Sec.  665 


To    be 
miners 


Sec.  666 

Duties 

weighman 


of      check 


Access  to  scales 


Colorado  .„ 

thereof  shall  be  fined  in  the  sum  of  not  less  than  $25.00  nor  more 
than  $500.00. 

Any  person,  association  or  corporation,  or  the  agent  of  any    Rev- stats  •  i*>8.  <*. 
person,   association  or  corporation   engaged  in  the  business  of^'Sl 
milling,  sampling,  concentrating,  reducing,  shipping,  or  purchasing  J 
ores,  as  aforesaid,  who  shall  keep  or  use  any  false  or  fraudulent 
scales  or  weights  for  weighing  ore,  or  who  shall  keep  or  use  any 
false  or  fraudulent  assay  scales  or  weights  for  ascertaining  the 
assay  value  of  ore,  knowing  them  to  be  false,  every  person  so 
offending  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  shall  be  fined  in  a  sum  not  exceeding  one  thousand 
(1,000)  dollars,  nor  less  than  one  hundred  (100)  dollars,  or  impris- 
onment not  more  than  one  year,  or  both,  at  the  discretion  of  the 
court. 

All  persons  retailing  coal  or  coke  in  cities  of  the  first  or  second  Wos) 

class,  and  incorporated  towns,  whether  existing  under  special  char- 156.  p.'!****** I9o8>  ** 
ter  or  otherwise,  shall  furnish  the  consignee  or  purchaser  of  coal  or   leectkSers  of  coai  or 
coke  to  the  amount  of  one-quarter  (%}  of  a  ton  or  more,  a  certificate  catee  to  fumish  certifi" 
of  weight  signed  by  the  owner  or  agent  of  official  city  or  town 
scales. 

The  certificate  as  aforesaid  shall  plainly  state  the  net  weight    sec.  7036 

.  t,-    t,  4.1,  i  i        •      1        j  What  certificate  shall 

of  the  wagon  or  cart  on  which  the  coal  or  coke  is  loaded,  the  net  state 
weight  of  the  coal  or  coke  on  the  said  wagon  or  cart,  the  total 
weight  of  the  coal  or  coke  and  wagon  or  cart,  the  license  number 
and  name  of  the  driver  delivering  the  coal  or  coke,  the  name  of  the 
dealer,  the  name  of  the  weightmaster,  and  the  street  number  of  the 
location  of  the  scales  where  the  certificate  may  be  issued. 

Any  dealer  or  driver  of  any  wagon  or  cart  delivering  coal  or  l 
coke  without  the  official  certificate  of  the  owner  or  agent  of  false  certificate 
official  city  or  town  scales  shall,  on  conviction,  be  fined  not  less 
than  twenty  (20)  dollars  and  not  over  one  hundred  (100)  dollars, 
together  with  the  costs  of  suit;  for  each  and  every  offense.  Any 
driver  of  a  wagon  or  cart,  who  may  be  found  delivering  coal  or  coke 
of  a  less  weight  than  the  certificate  calls  for,  shall,  on  conviction,  be 
fined  not  less  than  thirty  (30)  dollars  or  confined  one  (i)  month  in 
the  county  jail,  or  both,  at  the  discretion  of  the  court,  together  with 
the  costs  of  the  suit,  for  each  and  every  offense.  Any  owner  or 
agent  of  any  official  city  or  town  scales  who  may  be  found  giving 
a  false  certificate  of  the  weight  of  any  coal  or  coke  to  be  delivered, 
shall,  on  conviction,  be  fined  not  less  than  fifty  (50)  dollars  and 
not  more  than  one  hundred  (100)  dollars,  together  with  the  costs  of 
suit,  for  each  and  every  offense. 

It  shall  be  the  duty  of  the  justice  of  the  peace,  to  whom  a  com-    justice38  direct  dis- 
plaint  is  made,  of  any  violation  of  this  act,  to  direct  the  district  2  at 

8578°— 12 4 


50  Laws  Concerning  Weights  and  Measures 

attorney  in  his  district,  to  institute  and  prosecute  any  and  all 
suits  for  any  violation  of  this  act. 
sec.  7039  All  suits  and  prosecutions  for  a  violation  of  any  provisions  of 

ireXy*          ltythis  act,  shall  be  in  the  name  of  the  people  of  the  state  of  Colorado, 

and  all  moneys  arising  therefrom  shall  be  paid  into  the  county 

treasury,  by  the  justice  of  the  peace,  or  officer  collecting  the  same 

in  the  county  where  the  suit  is  brought. 

Rev.  stat.,  1908.  ch.     Any  person,  association,  copartnership  or  corporation  leasing 

"s£'.s"Z  and  operating  coal  lands  under  the  provisions  of  this  act  shall  pay 

Ton  of  coai  to  solid  to  ^  Deputy  register  of  the  state  board  of  land  commissioners  a 
minimum  price  of  not  less  than  tm  (10)  cents  for  each  and  every 
ton  of  coal  mined  from  said  land  *  *  *.  The  term  ton,  as 
herein  used,  means  twenty-seven  (27)  cubic  feet  of  coal,  measured 
in  the  solid,  and  shall  be  ascertained  by  the  measurements  of  the 
space  from  which  the  coal  is  mined,  deducting  therefrom  all  spaces 
occupied  by  slate  or  other  impurities.  *  *  * 


CONNECTICUT 

The  weights  and  measures  received  from  the  United  States  28^ub'IActs>  I9II>  ch- 
under  a  resolution  of  congress  approved  Tune  14,  18^6.  and  such  *  Is-i 

.    1   ,  ,  1      11    i  «        i    f  .*        -,-r    .  Standard  of  weights 

new  weights  and  measures  as  shall  be  received  from  the  United  and  measures 
States  as  standard  weights  and  measures  in  addition  thereto  or  in 
renewal  thereof,  and  such  as  shall  be  supplied  by  the  state  in  con- 
formity therewith  and  certified  by  the  national  bureau  of  standards, 
shall  be  the  state  standards,  by  which  all  county  and  municipal 
standards  of  weights  and  measures  shall  be  tried,  proved,  and 
sealed. 

The  superintendent  of  state  police  shall  be  state  superintendent    luperintendent     of 
of  weights  and  measures.     There  shall  be  a  deputy  superintendent  state  police  to  be  su- 

-          .    ..  .  -          .  i  permtendent  of  weights 

of  weights  and  measures  and  inspectors  of  weights  and  measures,  **£  measures 

.    ,      i    ,         ...  .     ,         i  -          . °,  ,  i  Deputy  superintend- 

to  be  appointed  by  the  superintendent  of  weights  and  measures  ent 

and  to  hold  office  during  the  superintendent's  term  of  office;  the 
officers  of  the  state  police  department  shall  act  as  inspectors,  when 
directed  to  do  so  by  the  state  superintendent  or  the  deputy  super- 
intendent. The  superintendent  of  weights  and  measures  shall  be 
allowed,  for  salaries  for  the  deputy  superintendent  of  weights  and 
measures,  inspectors  of  weights  and  measures,  clerical  services,  and 
traveling  and  contingent  expenses  for  himself,  his  deputy,  and 
inspectors,  such  sums  as  shall  be  appropriated  therefor  by  the 
general  assembly. 

The  superintendent  of  weights  and  measures  shall  take  charge  of  ^tila  of 
the  standards  adopted  by  this  act  as  the  standards  of  the  state,  and  tendent 
cause  them  to  be  kept  in  a  fire-proof  building  belonging  to  the  state, 
or  in  a  suitable  place  in  the  office  of  the  superintendent,  from  which 
they  shall  not  be  removed  except  for  repairs  or  for  certification, 
and  he  shall  take  all  other  necessary  precautions  for  their  safe- 
keeping. He  shall  maintain*  the  state  standards  in  good  order  and 
shall  submit  them,  at  least  once  in  ten  years,  to  the  national 
bureau  of  standards  for  certification.  He  shall,  at  least  once  in 
two  years,  try  and  prove  by  the  state  standards  all  standard 
weights,  measures,  and  other  apparatus  which  may  belong  to  any 
county  or  city,  and  shall  seal  such  apparatus  as  is  found  to  be 
accurate  by  stamping  thereon,  with  seals  kept  for  that  purpose, 
the  letter  "  C  "  and  the  last  two  figures  of  the  year  of  certification. 


52  Laws  Concerning  Weights  and  Measures 

He  shall  have  general  supervision  of  the  weights,  measures,  and 
weighing  and  measuring  devices  sold,  offered  for  sale,  or  used  in 
the  state.  He  shall,  upon  the  written  request  of  any  person,  firm, 
corporation,  or  educational  institution  in  the  state,  test  or  cali- 
brate weights,  measures,  weighing  or  measuring  devices,  and 
instruments  or  apparatus  used  as  standards  in  the  state.  He,  or  his 
deputy  or  inspectors  by  his  direction,  shall,  at  least  once  in  each 
year,  test  all  scales,  weights,  and  measures  used  in  checking  the 
receipt  or  disbursement  of  supplies  in  every  institution  for  the 
maintenance  of  which  moneys  are  appropriated  by  the  general 
assembly,  and  he  shall  report,  in  writing,  his  findings  to  the  super- 
visory board  and  to  the  executive  officer  of  the  institution  con- 
cerned, and,  at  the  request  of  such  board  or  executive  officer,  the 
superintendent  of  weights  and  measures  shall  appoint,  in  writing, 
one  or  more  employees,  then  in  the  actual  service  of  each  institu- 
tion, who  shall  act  as  special  deputies  for  the  purpose  of  checking 
the  receipt  or  disbursement  of  supplies.  He  shall  keep  a  complete 
record  of  the  standards,  balances,  and  other  apparatus  belonging 
to  the  state,  and  take  a  receipt  for  the  same  from  his  successor  in 
office.  He  shall  annually,  on  the  first  day  of  January,  make  to  the 
Rep**-  governor  a  report  of  the  work  done  by  his  office.  The  state  super- 

intendent, or  his  deputy  or  inspectors  at  his  direction,  shall,  at 
least  once  in  two  years,  inspect  and  test  all  standards  and  appa- 
ratus used  by  the  counties  and  cities,  and  shall  keep  a  record  of  the 
same.  He,  or  his  deputy  or  inspectors  at  his  direction,  shall,  at 
least  once  in  two  years,  visit  the  several  cities  and  counties  of  the 
state  and  inspect  the  work  of  the  local  sealers,  and  in  the  per- 
formance of  such  duties  he  may  inspect  the  weights,  measures, 
balances,  or  any  other  weighing  or  measuring  appliances  of  any 
person,  firm,  or  corporation,  and  shall  have  the  same  powers  as  the 
local  sealer  of  weights  and  measures.  The  superintendent  shall 
issue,  from  time  to  time,  regulations  for  the  guidance  of  county  and 
city  sealers,  and  such  regulations  shall  govern  the  procedure  to  be 
followed  by  said  officers  in  the  discharge  of  their  duties.  The  state 
superintendent  of  weights  and  measures  shall,  forthwith  upon  his 
appointment,  give  a  bond  in  the  penal  sum  of  five  thousand  dollars 
with  sureties  to  be  approved  by  the  governor,  for  the  faithful  per- 
formance of  the  duties  of  his  office,  and  for  the  safety  of  the 
standards  entrusted  to  his  care  and  for  the  surrender  thereof 
immediately  to  his  successor  in  office,  or  to  the  person  appointed 
by  the  governor  to  receive  the  same.  The  deputy  superintendent 
of  weights  and  measures,  and  each  inspector  of  weights  and 
measures,  shall,  forthwith  upon  his  appointment,  give  a  bond  in 
the  penal  sum  of  one  thousand  dollars,  with  sureties  to  be  approved 
by  the  attorney-general,  for  the  faithful  performance  of  the 


Connecticut  ,.„ 

duties  of  his  office  and  for  the  safety  of  any  apparatus  entrusted 
to  his  care. 

The  county  commissioners  of  each  county  and  the  common 
council  of  each  city  required  to  appoint  a  sealer  under  this  act  shall 
procure,  at  the  expense  of  the  county  or  city,  and  shall  keep,  at  nietoflSSS! 
all  times,  a  complete  set  of  weights  and  measures  and  other" 
apparatus,  of  such  materials  and  construction  as  said  super- 
intendent of  weights  and  measures  may  direct.  All  such  weights, 
measures  and  other  apparatus,  having  been  tried  and  accurately 
proven  by  him,  shall  be  sealed  and  certified  to  by  the  state  super- 
intendent as  hereinbefore  provided,  and  shall  then  be  deposited 
with  and  preserved  by  the  county  or  city  sealer  as  public  standards 
for  such  county  or  city.  Whenever  the  county  commissioners  of 
any  county  or  the  common  council  of  any  such  city  shall  neglect, 
for  six  months,  so  to  do,  the  treasurer  of  the  county,  or  the  city 
clerk  or  comptroller  of  said  city,  as  the  case  may  be,  on  notifica- 
tion and  request  by  the  superintendent  of  weights  and  measures, 
shall  provide  such  standards  and  cause  the  same  to  be  tried, 
sealed,  and  deposited,  at  the  expense  of  the  county  or  city. 

There  shall  be  in  each  county  a  county  sealer  of  weights  and  §J^  sealers 
measures  who  shall  be  appointed  by  the  county  commissioners  P0^^60' of 
for  a  term  of  five  years.  He  shall  be  paid  a  salary  determined  Powers  and  duties  oi 
by  said  commissioners,  said  salary  not  to  be  less  than  one  thousand 
dollars  per  year,  and  no  fee  shall  be  charged  by  him,  or  by  the 
county,  for  the  inspection,  testing,  or  sealing  of  weights,  measures, 
or  weighing  or  measuring  devices.  Unless  otherwise  provided  by 
law,  the  county  sealer  shall  have  power,  within  his  county,  to 
inspect,  test,  try,  and  ascertain  the  correctness  of  all  weights, 
scales,  beams,  measures  of  every  kind,  instruments  or  mechanical 
devices  for  measuring,  and  tools,  appliances,  or  accessories  con- 
nected with  any  such  instruments  or  measures  kept,  offered,  or 
exposed  for  sale,  sold,  or  used  or  employed  within  the  county  by 
any  proprietor,  agent,  lessee,  or  employee  in  proving  the  size, 
quantity,  extent,  area,  or  measurement  of  quantities,  things,  prod- 
uce, or  articles  for  distribution  or  consumption,  offered  or  sub- 
mitted by  such  person  or  persons  for  sale,  hire  or  reward;  and  he 
shall  have  power  to,  and  shall,  from  time  to  time,  weigh  or  measure 
packages  or  amounts  of  commodities  of  any  kind  kept  for  the  pur- 
pose of  sale,  offered  for  sale,  or  sold,  or  in  the  process  of  delivery, 
in  order  to  determine  whether  the  same  contain  the  amounts  rep- 
resented, and  whether  they  be  offered  for  sale  or  sold  in  a  manner 
in  accordance  with  law.  He  shall,  at  least  twice  each  year,  and  J****™*1 
as  much  oftener  as  he  may  deem  necessary,  see  that  the  weights, 
measures,  and  all  apparatus  used  in  the  county,  including  those 
under  the  care  of  city  and  town  sealers  of  weights  and  measures, 


54  Laws  Concerning  Weights  and  Measures 

Police  powers  are  correct.  He  may,  for  said  purpose,  and  in  the  general  per- 
formance of  his  official  duties,  enter,  without  warrant,  into  or 
upon  any  stand,  place,  building,  or  premises,  or  stop  any  vendor, 
peddler,  junk  dealer,  driver  of  any  coal  wagon,  ice  wagon,  or 
delivery  wagon,  or  any  dealer,  and  require  him,  if  necessary,  to 
proceed  to  some  place  which  said  sealer  may  specify,  for  the  pur- 
pose of  making  the  proper  tests.  The  county  sealer  of  weights 
and  measures  shall  cause  any  person  violating  any  of  the  pro- 
visions of  this  act  or  of  the  general  statutes  relating  to  weights  and 
measures  to  be  prosecuted.  Whenever  said  sealer  compares 
weights,  measures,  or  weighing  or  measuring  instruments  and  finds 
that  they  correspond,  or  causes  them  to  correspond,  with  the 
standards  in  his  possession,  he  shall  seal  or  mark  such  weights, 
measures,  or  weighing  or  measuring  instruments  with  appropriate 
devices,  to  be  approved  by  the  state  superintendent  of  weights  and 
measures.  He  shall  condemn  and  seize,  and  may  destroy,  incorrect 
weights,  measures,  or  weighing  or  measuring  instruments  which,  in 
his  judgment,  are  not  susceptible  of  satisfactory  repair;  but  he 
shall  mark  or  tag  such  as  are  incorrect  and  yet  may  be  repaired, 
as  "condemned  for  repairs"  in  a  manner  prescribed  by  the  state 
superintendent  of  weights  and  measures.  The  owner  or  user  of 
any  weights,  measures,  or  weighing  or  measuring  instruments  which 
are  so  marked  shall  have  the  same  repaired  or  corrected  within 
ten  days,  and  until  so  repaired  or  corrected  such  owner  or  user 
shall  neither  use  nor  dispose  of  the  same  in  any  way,  but  shall  hold 
the  same  at  the  disposal  of  the  sealer.  Any  apparatus  which  has 
been  so  condemned  for  repairs  and  has  not  been  repaired  as  here- 
inbefore required  shall  be  confiscated  by  the  sealer.  The  county 
sealer  shall  keep  a  complete  record  of  all  of  his  official  acts  and 
shall  make  an  annual  report  to  the  county  commissioners,  and 
on  or  before  October  first  in  each  year  shall  make  a  report,  duly 
sworn  to,  to  the  state  superintendent  of  weights  and  measures, 
on  blanks  to  be  furnished  by  the  superintendent.  The  county 
sealer  of  weights  and  measures  shall,  forthwith  upon  his  appoint- 
ment, give  a  bond  in  the  penal  sum  of  one  thousand  dollars,  with 
sureties  to  be  approved  by  the  county  treasurer,  for  the  faithful 
performance  of  the  duties  of  his  office.  Nothing  in  the  foregoing 
provisions  shall,  however,  be  so  construed  as  to  prevent  two  or 
more  counties  from  combining  the  whole  or  any  part  of  their 
respective  counties,  as  may  be  agreed  upon  by  the  county  com- 
missioners, with  one  set  of  standards  and  one  sealer,  upon  the 
written  consent  of  the  state  superintendent  of  weights  and  meas- 
ures. A  county  sealer  appointed  in  pursuance  of  an  agreement 
for  such  combination  shall,  subject  to  the  terms  of  his  appoint- 
ment, have  the  same  authority,  jurisdiction,  and  duties  as  if  he 


Connecticut 

had  been  appointed  by  each  of  the  authorities  who  are  parties  to 
the  agreement. 

There  shall  be  a  city  sealer  of  weights  and  measures  in  each  city  See- 6 
of  not  less  than  twenty-five  thousand  population,  according  to*?8" 
the  last  preceding  official  state  or  United  States  census,  to  be  "pXSU  and  duties  ot 
appointed  by  the  mayor  subject  to  the  approval  of  the  common 
council.  He  shall,  in  said  city,  perform  the  same  duties  and  have 
the  same  powers  as  the  county  sealer  in  the  county.  In  those 
cities  in  which  no  sealer  is  required  by  this  section,  the  county  sealer 
of  the  county  shall  perform  the  same  duties  and  have  the  same 
powers  as  in  the  county.  Nothing  in  the  foregoing  provisions 
shall  be  so  construed  as  to  prevent  any  county  and  any  of  the  cities 
situated  therein  from  combining  the  whole  or  any  part  of  their 
respective  territories,  as  may  be  agreed  upon,  with  one  sealer, 
subject  to  the  written  approval  of  the  state  superintendent  of 
weights  and  measures.  A  sealer  appointed  in  pursuance  of  any 
agreement  for  such  combination  shall,  subject  to  the  terms  of  his 
appointment,  have  the  same  jurisdiction  and  duties  as  if  he  had 
been  appointed  by  each  of  the  authorities  who  are  parties  to  the 
agreement. 

Any  person  who,  himself  or  by  his  servant  or  agent,  or  as  the  f^*  ^tang  ^ 
servant  or  agent  of  another,  shall  offer  or  expose  for  sale,  sell,  use  ™||f0^  ose  w  »°*- 
in  the  buying  or  selling  of  any  commodity  or  thing  or  for  hire  or  Penalty 
reward,  or  retain  in  his  possession  a  false  weight  or  measure 
or  weighing  or  measuring  device,  or  any  weight  or  measure  or 
weighing  or  measuring  device  which  has  not  been  sealed  by  the 
sealer  of  weights  and  measures  within  one  year;  or  who  shall  dis- 
pose of  any  condemned  weight,  measure,  or  weighing  or  measur- 
ing device  contrary  to  law,  or  remove  any  tag  placed  thereon  by 
a  sealer  of  weights  and  measures;  or  who  shall  sell,  or  offer  or 
expose  for  sale,  less  than  the  quantity  he  represents,  or  sell  or 
offer  or  expose  for  sale  any  such  commodity  in  a  manner  contrary 
to  law;  or  who  shall  sell  or  offer  for  sale,  or  have  in  his  possession 
for  the  purpose  of  selling,  any  device  or  instrument  to  be  used  to, 
or  calculated  to,  falsify  any  weight  or  measure,  shall,  upon  a  first 
conviction,  be  fined  not  less  than  twenty  dollars  nor  more  than 
two  hundred  dollars,  or  imprisoned  for  not  more  than  three 
months,  or  both;  and  upon  any  subsequent  conviction  shall  be 
fined  not  less  than  fifty  dollars  nor  more  than  five  hundred  dollars, 
or  imprisoned  in  the  county  jail  for  not  more  than  one  year,  or 
both. 

The  superintendent  of  weights  and  measures,  his  deputy  and    Authority  of  superin- 
inspectors,  and  the  county  and  city  sealers  of  weights  and  meas-  J^g^  **$** 
ures  shall  each  have  power  to  arrest,  without  warrant,  any  violator  without  warrant 
of  the  laws  in  relation  to  weights  and  measures,  and  to  seize, 


Laws  Concerning  Weights  and  Measures 


without  warrant,  for  use  as  evidence,  any  false  or  unsealed  weight, 
measure  or  weighing  or  measuring  device,  or  package  or  amount 
of  any  commodity,  found  to  be  used,  retained,  offered  or  exposed 
for  sale,  or  sold  in  violation  of  law. 
penalty  for  interfer-      AnY  person  who  shall  hinder  or  obstruct  the  superintendent  of 

ence  with  officials        weights   and   measures,    his   deputy,    or   any   inspector,    or   any 

county  or  city  sealer,  in  the  performance  of  his  official  duties,  shall 

be  fined  not  less  than  two  dollars  nor  more  than  two  hundred 

dollars,  or  imprisoned  for  not  more  than  ninety  days,  or  both. 

penalty  ior  imperson-      An7    person    who    shall    impersonate    the    superintendent    of 

ating  officials  weights  and  measures,  his  deputy,  or  any  inspector,  or  any  county 

or  city  sealer,  by  use  of  his  seal  or  a  counterfieit  of  his  seal,  or 
otherwise,  shall  be  fined  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars,  or  imprisoned  for  not  more  than 
one  year,  or  both. 

So  much  of  any  act  as  is  inconsistent  with  the  provisions  of 
this  act  is  hereby  repealed. 

^  Gen.  stats.,  1902,  Ti-  The  avoirdupois  pound  shall  bear  to  the  troy  pound  the  rela- 
°' (1827,1895)  tion  of  seven  thousand  to  five  thousand  seven  hundred  and  sixty. 
The  hundred  weight  shall  contain  one  hundred  avoirdupois 
pounds;  and  the  ton  twenty  hundred  weight.  The  barrel  shall 
contain  thirty-one  and  one-half  gallons;  and  the  hogshead,  two 
barrels.  The  liquid  gallon,1  [shall  contain]  two  hundred  and 
thirty-one  cubic  inches. 

The  bushel  in  struck  measure  shall  contain  twenty-one  hundred 
and  fifty  and  forty-two  hundredths  cubic  inches  and  in  heap 
measure  twenty-five  hundred  and  sixty-four  cubic  inches,  except 
that  every  bushel  of  charcoal  shall  contain  twenty-seven  hundred 
and  forty-eight  cubic  inches.  When  sold  by  weight  the  bushel 
of  charcoal  shall  weigh  twenty  pounds  when  commercially  dry; 
the  barrel  of  flour,  one  hundred  and  ninety-six  pounds;  and  the 
barrel  of  potatoes,  one  hundred  and  seventy-two  pounds. 

[The  bushel  of  the  following-named  articles  shall  contain  in 
pounds  the  amounts  set  opposite  them.2] 


Sec.  ii 
Repeal 


Sec.  4880 
Pound,  ton,  etc. 
Barrel 


Liquid  gallon 


Sec.  4881 

Bushel  measurement 


Charcoal 

Barrel  of  Sour. 
— of  potatoes. 


(1857. 1800) 
Sec.  4882 
Weight  of  bushel 


Indian  corn 56 

Rye 56 

Barley 48 

Oats 32 

Rye  meal 50 

Peas 60 

Potatoes 60 

Apples 48 

Carrots 50 


Onions 52 

Clover  seed 60 

Herdsgrass 45 

Timothy  seed 45 

Bran 20 

Shorts 20 

Flaxseed 55 

Coarse  salt. 70 

Fine  salt 50 


1  The  words  "  The  dry  gallon  shall  contain  two  hundred  and  eighty-two  cubic  inches"  have  been  omitted,  since  this  apparently 
conflicts  with  sec.  i  of  ch.  280,  Pub.  Acts,  1911,  which  provides  that  "  The  weights  and  measures  received  from  the  United  States 
*  *  *  shall  be  the  state  standards,"  as  the  National  Government  has  never  recognized  nor  authorized  the  dry  gallon  mentioned 
above. 

8  This  statement  and  the  arrangement  of  the  articles  following  it  have  been  adopted  for  convenience  in  printing. 


Connecticut 


Lime 70 

Sweet  potatoes 54 

Beans 60 

Dried  apples 25 

Dried  peaches 33 

Rough  rice 45 

Upland  cotton  seed 30 

Sea  island  cotton  seed 44 


48 


Buckwheat 

Sugar  beets 

Mangelwur/el 60 

Rutabagas go 

Parsnips 45 

Common  English  turnips 50 

Hard  coal g0 


Sec 
c°° 


Every  person  who  shall  sell,  or  offer  or  expose  for  sale  or  ex- 
change,  any  of  the  articles  enumerated  in  this  section,  knowing 
or  having  reason  to  believe  that  the  measurement  of  articles  so 
sold,  or  offered  or  exposed  for  sale  or  exchange,  is  less  than  the 
measurement  required  by  this  section,  except  in  cases  where  there 
is  a  special  agreement  to  sell  by  some  other  measurement,  shall 
be  fined  not  more  than  twenty-five  dollars. 

Every  manufacturer  of  cotton  sewing  thread,  and  every  per- 
son  engaged  in  putting  up  such  thread  on  spools,  or  in  packages  of  tit 
one  pound  weight  or  less,  intended  for  sale,  shall,  before  the  same 
is  offered  for  sale,  affix  to,  or  impress  upon,  each  spool  or  package,  a 
label  or  stamp  designating  its  weight  or  length  in  yards.  Every 
such  manufacturer,  or  person  engaged  as  aforesaid,  who  shall 
neglect  to  affix  to,  or  impress  upon,  each  spool  or  package  such  a 
label  or  stamp,  or  shall,  with  intent  to  deceive,  affix  to,  or  impress 
upon,  or  suffer  to  be  affixed  to,  or  impressed  upon,  any  such  spool 
or  package,  a  label  or  stamp  specifying  that  it  contains  a  greater 
number  of  yards,  or  a  greater  quantity  of  thread  by  five  per  cent. 
than  it  does  contain,  shall  be  fined  five  dollars  for  each  of  such 
spools  or  packages  ;  and  every  trader  who  shall  offer  for  sale  such 
thread,  knowing  or  having  reason  to  believe  that  it  is  falsely 
labeled  or  stamped  as  regards  length  or  quality,  shall  be  subject 
to  the  same  fine. 

Every  person  who  shall  sell,  or  offer  for  sale,  by  the  skein,  any 
sewing  silk  manufactured  in  this  country,  unless  each  skein  shall 
consist  of  twenty  threads,  each  two  yards  long,  shall  be  fined  seven 
dollars. 

No  person  or  corporation  buying  milk  or  cream  and  making 
payments  therefor  based  on  the  results  of  the  Babcock  test  shall 
use  any  bottle  or  pipette  for  the  purpose  of  determining  the  rela-  stamped 
tive  or  proportional  amount  of  butter  fat  of  any  milk  or  cream, 
unless  such  bottle  or  pipette  shall  have  been  tested  and  stamped 
as  accurate  by  the  Connecticut  agricultural  experiment  station  or 
by  the  Connecticut  agricultural  college.  Every  person  or  cor- 
poration that  shall  use  any  bottle  or  pipette  for  the  purpose 
named  in  this  section,  unless  the  same  is  stamped  as  herein  pre- 
scribed, shall  forfeit  to  the  use  of  the  state  the  sum  of  five  dollars 
for  each  bottle  or  pipette  so  used.  The  State's  attorneys  in  the 
several  counties  shall  collect  forfeitures  under  this  section. 


for  noncom- 


Sec 


58  Laws  Concerning  Weights  and  Measures 

sec  S' im) '          The  standard  of  time  for  the  seventy-fifth  meridian  west  from 
standard  of  time       Greenwich  shall  be  the  standard  of  time  for  this  state. 

i3f  pbj4tiCts'  I9II>  ch'      Any  person  who  shall  sell  or  offer  for  sale,  food  in  package  form, 
ib  weight  of  foods  to  unless  tne  net  quantity  of  the  contents  be  plainly  and  conspicu- 

be  marked  on  packages  ously  marked  on  the  outside  of  the  package  in  terms  of  weight, 
A~  measure,  or  numerical  count;  provided,  that  reasonable  variations 
shall  be  permitted,  and  that  allowances  shall  be  established  by 
rules  and  regulations  made  from  time  to  time  by  the  dairy  and 
food  commissioner  and  the  director  of  the  Connecticut  agricul- 
tural experiment  station,  shall  be  subject  to  the  penalties  provided 
in  chapter  255  of  the  public  acts  of  1907. 

Tecrms  "person"  and     The  terms  "person"  and  "food"  as  defined  in  Chapter  255  of  the 
food"  denned          public  acts  of  1907,  shall  apply  to  the  provisions  of  this  act,  pro- 
vided, the  term  "food"  as  used  herein  shall  not  include  confec- 
tionery and  shelled  nuts  when  offered  for  sale  in  packages  at  a 
price  not  exceeding  ten  cents  each. 

not  to  affect  This  act  shall  take  effect  from  its  passage,  but  no  penalty  shall 
^e  eiu?orced  for  any  violation  of  the  provisions  of  section  one  aris- 
ing from  the  sale  of  food  prepared  and  enclosed  in  package  form 
prior  to  eighteen  months  after  the  passage  of  this  act. 

igf^'i^f5' 1909>  ch'      No  person  shall,  by  himself,  his  servant  or  agent,  sell  or  offer 
height  to  be  marked  or  exPose  f°r  sale>  or  have  in  his  possession  with  intent  to  sell 

on  print  butter  "  any  print  butter  unless  the  package  or  wrapper  containing  the 
same  shall  have  conspicuously  printed  thereon,  in  letters  or 
figures  not  less  than  one-half  inch  in  height,  in  plain  Gothic  type, 
the  net  weight  of  the  butter  contained  therein. 

Penalty  Every  person  who  shall  violate  any  provision  of  this  act  shall 

be  punished  by  a  fine  not  exceeding  twenty-five  dollars. 

aj^'i^?8' 19"'  ch'      All  coal  sold,  except  in  accordance  with  a  written  agreement 

weight  to  be  80ld  by  with  the  purchaser  otherwise,  or  offered  for  sale,  in  this  state, 
shall  be  so  sold  or  offered  for  sale  by  weight.  No  person,  firm,  or 
corporation  shall  deliver  any  coal  unless  such  delivery  is  accom- 

wSh^o^lffliSg  panied  by  a  delivery  ticket  and  a  duplicate  thereof,  on  which  shall 

weisht  be  distinctly  expressed,  in  ink  or  other  indelible  substance,  in 

pounds,  the  weight  of  the  coal  contained  in  such  vehicle  or  recep- 
tacle, together  with  the  name  of  the  seller  and  the  name  of  the 
purchaser  of  such  coal.  One  of  such  tickets  shall  be  surrendered, 
upon  demand,  to  the  sealer  of  weights  and  measures,  for  his  inspec- 
tion, and  such  ticket,  or,  when  the  sealer  desires  to  retain  the 
original  ticket,  a  weight  slip  issued  by  the  seller,  shall  be  delivered 
to  the  purchaser,  or  his  agent  or  representative,  at  the  time  of  the 
delivery  of  such  coal,  and  the  other  ticket  shall  be  retained  by  the 
seller.  If  the  purchaser,  or  his  agent,  takes  such  coal  from  the 
place  of  purchase,  a  delivery  ticket,  showing  the  actual  number 
of  pounds  delivered,  shall  be  given  to  the  purchaser  or  his  agent, 


Connecticut  eg 

at  the  time  of  delivery.     Any  person  who  shall  violate  any  provi- 
sion of  this  act  shall  be  fined  not  more  than  two  hundred  dollars,    Penalty 
or  imprisoned  not  more  than  six  months,  or  both.  pub 

All  sales  of  milk  or  cream  shall  be  made  by  wine  measure.          •M.a.iJ?*' l9"' cht 

Sec.  10 

Milk  and  cream  to  be 
sold  by  wine  measure 

Every  person  who  shall  violate  any  provision  of  section  ten, 
eleven,  or  twelve  of  this  act  shall  be  fined  seven  dollars  for  each 
offense. 

A  printed  notice  containing  sections  one  to  twelve,  both  in-    NoHce4of  sees.  1-12  to 
elusive,  of  this  act,  and  this  section,  shall  be  conspicuously  posted  bePub»sned 
in  all  public  places,  creameries,  or  factories  where  milk  is  received 
or  sold. 

The  dairy  and  food  commissioner  shall  have  power  to  enforce  f^r  and  duty  of 
the  provisions  of  the  preceding  sections  of  this  act,  and  when  the 
necessary  evidence  is  submitted  by  the  Connecticut  agriculture 
experiment  station  that  any  of  said  provisions  has  been  violated, 
he  shall  make  complaint  to  the  proper  prosecuting  officer.  The 
dairy  and  food  commissioner,  or  his  authorized  agent,  shall  have 
the  right  to  take  samples  of  milk  or  cream  from  any  producer  or 
vendor,  upon  tender  of  the  market  price  thereof,  and  he  shall  seal 
and  mark  a  duplicate  sample  of  such  milk  or  cream  and  leave  the 
same  with  such  producer  or  vendor. 

The  term  "  concentrated  commercial  feeding  stuff  "  shall  include 
linseed  meals,  cottonseed  meals,  pea  meals,  cocoanut  meals,  gluten  JJjJSfTgSJJ  stuff" 
meals,  gluten  feeds,  maize  feeds,  starch  feeds,  sugar  feeds,  dried  defined 
brewers'  grains,  malt  sprouts,  hominy  feeds,  cerealine  feeds,  rice 
meals,  oat  feeds,  corn  and  oat  chop,  corn  and  oat  feeds,  ground 
beef,  or  fish  scraps,  mixed  feeds,  provenders,  bran,  middlings,  and 
mixed  feeds  made  wholly  or  in  part  from  wheat,  rye,  or  buckwheat, 
and  all  materials  of  a  similar  nature,  but  shall  not  include  hays  and 
straws,  the  whole  seeds  nor  the  unmixed  meals  made  directly  from 
the  seed  of  wheat,  rye,  barley,  oats,  Indian  corn,  buckwheat,  or 
broom  corn,  nor  feed  ground  from  whole  grain  and  sold  directly 
from  manufacturer  to  consumer. 

Every  lot  or  parcel  of  concentrated  commercial  feeding  stuff,    SStiSeS*  oi  weight 
sold,  offered  or  exposed  for  sale  shall  have  affixed  thereto  in 
conspicuous  place  on  the  outside  thereof  a  legible  and  plainly 
printed  statement,  certifying  the  number  of  net  pounds  of  feeding 
stuff  contained  therein,  the  name,  brand,  or  trademark  under 
which  the  article  is  sold,  the  name  and  address  of  the  manufac- 
turer or  importer,     *    *    *. 


DELAWARE. 

The  standard  weights  and  measures  of  the  United  States,  now   ,       <rf<tf>  „. 

1   •       ,  1  >         rr  ..    TV  ,     Rev-  Code,   Title  9, 

deposited  in  the  secretary  s  office  at  Dover,1  are  the  true  and  legal Ch- 6?.  p-  535  f.  f. 
standards  for  this  state;  and  the  duplicates  thereof,  deposited   standard 
with  the  several  prothonotaries,  are  true  duplicate  standards  by 
which  all  weights  and  measures,  used  within  this  state,  shall  be 
tried  and  regulated. 

A  regulator  of  weights  and  measures  for  each  county,  shall  be   sec-  \ 

.  ~  ,  ,.   P  *     ._.,  County  regulators 

appointed  by  the  governor,  for  the  term  of  four  years.     The  said   Te™  «nd  °ath 
regulator  shall  be  sworn,  or  affirmed  to  perform  the  duties  of  his 
office  faithfully  and  impartially.     He  shall  within  thirty  days, 
from  his  appointment,  give  bond  to  the  state,  with  sufficient   Bond 
surety,  to  be  approved  by  the  governor,  in  the  sum  of    one 
thousand    dollars,    conditioned    for    the    faithful    performance 
of  the  duties  of  his  office;  and  if  such  bond  be  not  filed  in  the 
secretary's  office  within  the  time  aforesaid,  his  commission  shall 
be  void. 

He  shall  next  year,  and  every  second  year  thereafter  in  the   ff^'jor  regulating 
months  of  September  and  October,  appoint  a  time  in  three  of  Bights  and  measures 
the  most  public  places  in  each  hundred  of  his  county  for  regulating 
by  and  with  the  duplicate  standards  aforesaid,  without  charge, 
any  weights  and  measures,  scales,  balances,  or  other  weighing 
apparatus,  that  may  be  brought  to  him;  and  shall  stamp  the 
same  plainly  with  the  letter  S,  and  the  initial  of  his  county.     He   Dutle8  of  regutator 
shall  give  twenty  days'  notice  of  these  appointments  by  five 

,.       fr       TT         ,      ,,    .        V1         Regulation  of  weights 

advertisements  in  the  hundreds  respectively.  He  shall  in  like  and  measures 
manner  at  all  other  times,  regulate  such  weights,  and  measures, 
scales,  or  balances,  as  may  be  brought  to  him,  or  of  which  he  may 
have  knowledge.  And  he  shall  diligently  inquire  for  all  un- 
stamped weights  and  measures,  scales  and  balances,  which  are 
used  within  the  county  for  buying  or  selling. 

The  regulators  shall  be  paid  for  their  services  annually,  one   compensation 
hundred  and  seventy-five  dollars  in  New  Castle  county,  one  hun- 
dred and  fifty  dollars  in  Sussex  county,  and  one  hundred  and 
twenty-five  dollars  in  Kent  county,  to  be  allowed  by  the  levy 
court  of  the  respective  counties,  and  paid  as  other  county  charges. 

1  State  chemist  made  custodian  of  standards.     (See  Laws  of  1909,  ch.  63,  p.  116.) 

61 


62  Laws  Concerning  Weights  and  Measures 

lenity  for  a s i n g  If  anY  person  shall  buy,  sell,  or  barter,  by  any  weight,  or  meas- 
weights  not  stamped  urCj  scale,  balance,  or  other  weighing  apparatus,  that  has  not 
been  duly  regulated  and  stamped,  or  if  any  person  shall  make, 
or  use,  a  false  stamp,  or  brand,  for  stamping  weights  and  meas- 
ures, he  shall  forfeit  and  pay  five  dollars,  to  any  one  who  will  sue 
for  the  same. 

ceare6of  the  duplicate  Each  regulator  of  weights  and  measures  shall,  preserve  and 
standards  keep,  in  good  order,  the  duplicate  standards  belonging  to  the 

county,  and  the  balance  furnished  him  for  regulating  weights; 
and  he  shall  attend,  with  said  duplicate  standards,  at  the  office 
of  the  Secretary  of  State,  when  required  by  him,  in  writing,  so  to 
do,  for  the  purpose  of  having  them  regulated  by  the  originals. 

Laws,  d???*.  vol.  17     That  tne  regulator  of  weights  and  measures  in  and  for  New 

lection  of  weights  Castle  county,  shall,  once  in  every  year,  advertise  in  at  least  two 
and  measures  in  New- newspapers  in  the  county,  one  of  each  political  party,  the  place 

castle  County  ^  ,  .          «-  *          ,      i         TT        1      n       i  • 

where  his  office  is  located.  He  shall  also  once  in  every  year  go 
to  all  the  stores,  offices,  booths,  stalls  or  other  places  of  business 

Testing  in  his  county  (except  the  public  market  and  market  houses  in  the 

city  of  Wilmington)  where  any  beams,  scales,  weights  and  meas- 
ures are  used  for  the  purpose  of  buying  and  selling  any  goods, 
chattels  or  other  things,  and  test  and  adjust  or  cause  to  be  tested 
and  adjusted  (if  possible)  all  such  beams,  scales,  weights  and 

stamping  measures,  and  stamp  the  same  plainly  with  the  letter  S  and  the 

initial  of  his  county  and  the  current  year.  He  shall  also  in  like 
manner,  at  all  other  times,  test  and  adjust  such  beams,  scales, 
weights  and  measures  as  may  be  brought  to  him  for  that  purpose. 

fees' for  trying  and  ^or  wnicn  trial  and  adjustment  the  said  regulator  for  New 
adjusting  weights  andCastle  county,  in  addition  to  the  salary  already  allowed  by  law, 

measures  •,•,*-,  *  1  r  ^1  •    .  rn 

shall  demand  and  receive  from  the  proprietors  or  owners  ot  all 
such  weights,  and  beams,  and  scales,  and  measures,  the  following 
fees,  to  wit:  for  the  trial  and  balancing  of  every  set  of  scales,  eight 
cents;  for  every  patent  balance,  fifteen  cents;  for  every  set  of  coal 
or  hay  scales,  one  dollar  each ;  for  every  set  of  platform  scales  which 
draws  five  hundred  pounds  or  under,  fifty  cents,  and  an  additional 
sum  of  five  cents  for  every  one  hundred  pounds  not  exceeding 
two  thousand  pounds,  and  any  platform  scale  drawing  over  two 
thousand  pounds  shall  be  classed  as  coal  or  hay  scales;  for  every 
yard  measure,  two  cents;  for  every  bushel  measure,  ten  cents; 
for  every  half -bushel  measure,  seven  cents;  for  every  peck  and 
half -peck  measure,  five  cents;  for  every  quarter  peck  measure, 
three  cents;  for  every  gallon,  half -gallon,  and  quart  measure,  three 
cents  each;  for  every  pint  measure,  or  less,  two  cents;  for  every 
weight  of  twenty-eight  pounds  or  more,  eight  cents;  for  every 
weight  less  than  twenty-eight  pounds,  two  cents,  and  an  addi- 


Delaware  , 

tional  charge  or  fee  for  labor  or  materials  furnished  for  adjusting 
said  beams,  scales,  weights  and  measures  to  be  fixed  by  agree-    *«» 
ment  between  the  regulator  and  the  owner  or  user  thereof;  pro- 
vided, always,  that  the  said  regulator  shall  only  be  entitled  to  one- 
half  of  the  above  fees  for  stamping  such  beams,  scales,  weights  and 
measures  as  he  shall  find  to  be  correct  after  testing  the  same. 
The  said  regulator  may  collect  by  suit,  before  any  justice  of  the    collection  of  tees 
peace,  all  fees  prescribed  by  this  section  from  the  proprietors  or 
owners  of  such  scales,  beams,  weights  or  measures,  which  he  has 
adjusted. 

The  said  Regulator  of  Weights  and  Measures  is  hereby  required    Laws  d883),  vol.  i7, 
to  immediately  seize  and  deliver  to  the  attorney  general  all  false  **sU?3  as  amended  by 
beams,  scales,  weights  and  measures  that  he  may  find  within  the^p.1^'™1' 3S>  ch' 
county  which  he  is  unable  to  adjust,  together  with  a  written  Urt^c?°ffalsemeas~ 
report  giving  such  information  in  regard  thereto  as  may  be  required 
of  him  by  the  Attorney  General,  and  the  Regulator  of  Weights 
and  Measures  shall  be  paid  one-half  of  the  fee  for  such  services  as 
is  provided  for  in  the  trial  and  adjustment  of  beams,  scales, 
weights  and  measures  by  Section  2  of  this  Act;  and  all  the  pro- 
visions of  this  Act  relating  to  the  inspection  of  beams,  scales, 
weights  and  measures  used  for  the  purpose  of  buying  or  selling 
shall  also  extend  to  all  such  beams,  scales,  weights  and  measures 
as  are  or  may  be  used  for  ascertaining  weights  and  measures  for 
the   purpose   of   charging   for   freight,    tonnage,    transportation, 
commission  and  all  other  charges,  when  such  charges  are  regu- 
lated by  weight  or  measure. 

In  case  any  user  or  owner  of  such  beams,  scales,  weights  an 
measures,  within  the  county  of  New  Castle,  in  this  State,  shall  27^> 
refuse  or  neglect  to  comply  with  any  of  the  requisitions  which  the 
said  regulator  is  by  this  act  authorized  or  directed  to  make;  or 
shall  knowingly  sell  or  buy  any  false  beams,  scales,  weights,  or 
measure;  or  shall  purposely  alter  any  beam,  scale,  weight,  or 
measure,  so  that  the  capacity  is  diminished  or  increased  after  the 
same  shall  have  been  adjusted  and  stamped;  or  shall,  in  buying 
or  selling,  knowingly  use  any  beam,  scale,  weight,  or  measure,  so 
altered,  or  shall  purposely  alter,  any  beam,  scale,  weight  or  measure 
so  as  to  impair  the  adjustment  thereof  after  the  same  shall  have 
been  adjusted  and  stamped;  or  shall  knowingly  have  in  his  pos- 
session any  beam,  scale,  weight  or  measure  so  altered  as  aforesaid; 
or  shall  knowingly  buy,  sell,  use,  or  barter  by  any  beam,  scale 
weight  or  measure,  or  other  weighing  or  measuring  apparatus  that 
has  not  been  duly  adjusted  and  stamped  as  aforesaid;  or  shall 
knowingly  make,  use  or  have  in  possession  any  false  stamp  or 
brand  for  stamping  any  beams,  scales,  weights,  or  measures,  he  penjlXy 
or  they  shall  be  guilty  of  a  misdemeanor  and  upon  conviction 


64  Laws  Concerning  Weights  and  Measures 

thereof  shall,  for  the  first  offense,  be  fined  not  less  than  ten  nor 
more  than  twenty  dollars  or  imprisoned  for  a  term  not  exceeding 

Disposition oi fines  j-en  days,  an(j)  for  every  subsequent  offense,  be  fined  not  less  than 
twenty  or  more  than  fifty  dollars  or  imprisoned  for  a  term  not 
exceeding  thirty  days.  One  half  of  all  fines  recovered  for  viola- 
tions of  any  of  the  provisions  of  this  act  shall  be  paid  by  the  officer 
receiving  the  same  to  the  informer  and  the  other  half  to  the  Treas- 
urer of  New  Castle  County. 

weights  in  public  That  all  beams,  scales,  weights  and  measures  tested,  adjusted 
markets  and  stamped  under  the  provisions  of  this  act,  which  shall  be  used 

in  the  public  markets  and  market  houses  of  any  city  or  incorporated 
town  in  said  county,  shall  be  liable  to  be  tested  and  adjusted  by 
the  Regulator  of  Weights  and  Measures  of  such  city  or  town,  but 
no  fee  shall  be  charged  therefor;  provided,  however,  that  if,  upon 
such  testing  and  adjustment,  such  beams,  scales,  weights  or  meas- 
ures shall  be  found  to  be  false,  the  person  or  persons  in  whose  pos- 

Penaity  session  the  same  shall  be  found  shall,  in  addition  to  the  fees  pre- 

scribed by  Section  3  of  this  act,  pay  to  the  Regulator  of  Weights 
and  Measures  of  such  city  or  town  the  fees  allowed  to  such  regu- 
lator for  like  services  under  the  ordinances  and  regulations  of  said 
city  or  town. 

Administering  oaths      That  the  said  Regulator  of  Weights  and  Measures  is  hereby 

authorized  and  empowered  to  administer  an  oath  or  affirmation  to 

any  or  all  proprietors  or  owners  of  any  beams,  scales,  weights  or 

voLaiT'  l88a>  °h  SS2>  measures,  named  in  this  act,  to  ascertain  whether  they  are  used 

^ *  for  the  purpose  of  buying  or  selling,  as  is  contemplated  by  this  act. 

charcoaiard  bushel  *"     That  the  standard  measure  of  charcoal  in  this  state  shall  be  two 

thousand  seven  hundred  and  forty-eight  cubic  inches  for  each  and 

bright  of  cSircoaire9every  kusnel  thereof,  and  when  sold  by  weight,  a  bushel  shall  be 

twenty  pounds  (commercially  dry) . 

sec.  2  That  this  act  shall  take  effect  from  its  passage,  and  all  acts  or 

parts  of  acts  inconsistent  herewith  are  hereby  repealed. 

(1883-1009) 

Rev.  Code,  1893,  ch. 
28,  sec.  17,  as  amended 
by  ch.  63,  Laws,  1909, 

The  State  chemist  be  and  the  same  is  hereby  made  the  cus- 

State  chemist  custo- ,      -.  -     ,  ^        ,  .    1  ..  J        ,  .   ., 

dian  of  weights  andtodian  of  the  standard  weights  and  measures,  together  with  bal- 
ances for  adjusting  duplicate  standards  now  in  the  custody  of  the 
Secretary  of  State. 

Duties  of  The  State  chemist  is  required  to  keep  same  in  good  order,  and 

he  shall,  upon  demand,  try  and  prove  the  duplicate  standards  of 
weights  and  measures  belonging  to  the  several  counties,  by  and 
with  the  originals  in  his  custody  and  shall  cause  them  to  be  made 
uniform  and  correct. 

code.^893.  ch.  37  ^pjie  prothonotary  shall  preserve  and  keep  in  good  order  the 
°f  dupllcate  duplicate  standards  of  weights  and  measures  deposited  in  his 


Delaware  g_ 

office;  but  he  shall  allow  the  commissioner  of  weights  and  measures 
of  his  county  free  access  to,  and  use  of,  the  said  duplicates,  and 
the  occasional  custody  of  them,  as  may  be  required  for  the  dis- 
charge of  his  duties. 

That  from  and  after  the  approval  of  this  act,  the  standard    Laws-  w.  ch.i67>P. 
measure  of  milk  and  cream  in  this  State  shall  be  fifty-seven  and^sec.  i 
seventy-five   one-hundredths   cubic   inches   for   each  and  every  urftandard  miUt  meas' 
quart  thereof;  and  when  sold,  with  no  special  agreement  as  to  the 
measurement  thereof,  the  quart  shall  consist  of  fifty-seven  and 
seventy-five  one-hundredths  cubic  inches. 

That  on  and  after  the  first  day  of  April,  A.  D.,  One  Thousand  p  ^ws>  I909-  ch-  *«• 
Nine  Hundred  and  Nine,  it  shall  be  unlawful  for  any  person,  firm   If- i 

,  .  , ,  ff        e  i  -,    r  Standard    gallon   for 

or  corporation  to  sell  or  oner  for  sale,  or  to  demand  from  any  per-mlU£ 
son,  firm  or  corporation  offering  for  sale,  either  wholesale  or 
retail,  any  milk,  skim  milk  or  cream  according  to  any  other 
standard  of  measurement  than  that  known  as  the  liquid  or  wine 
measure  containing  two  hundred  and  thirty-one  cubic  inches  to 
the  gallon.  Provided,  that  nothing  in  this  Act  will  prevent  the 
sale  of  milk,  skim  milk  or  cream  by  weight  or  percentage  of  butter 
fat. 

Every  person,  firm  or  corporation  and  every  officer,  agent, 
servant  or  employee  of  such  person,  firm  or  corporation,  who 
shall  violate  any  of  the  provisions  of  this  Act,  shall  be  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  be  fined  not  less 
than  twenty-five  or  more  than  one  hundred  dollars  or  shall  be 
imprisoned  for  a  term  of  not  less  than  ten  or  more  than  thirty 
days,  or  both,  at  the  discretion  of  the  court. 

All  acts  or  parts  of  Acts  inconsistent  herewith  are  hereby  re- 
pealed. 

It  shall  be  the  duty  of  the  Regulator  of  Weights  and  Measures  ^Laws.iw.ch.iw.p. 
in  and  for  New  Castle  Countv,  to  inspect,  when  requested  so  to  do, 3  sec.  i 

,       J  '  t1r  ...      \+         ,  .  i     Stamping  miiK  cans 

by  the  owner  or  owners  thereof,  all  cans  used  for  the  shipment  of 
milk  or  cream,  and  to  stamp  on  each  can  so  inspected  by  him,  in 
letters  three-eighths  of  an  inch  in  height,  a  mark  of  inspection, 
showing  by  whom  inspected  and  its  capacity  in  quarts,  according 
to  the  standard  measure  for  milk  and  cream  in  this  State  at  the 
time  of  such  inspection. 

For  inspecting  each  can  and  stamping,  as  provided  in  Section  one   ^gpe2ctillg  ^^  oanS( 
of  this  Act,  the  said  Regulator  of  Weights  and  Measures,  in  and  "^^ 
for  New  Castle  County,  shall  be  paid  by  the  owner  or  owners 
thereof  at  the  time  of  such  inspection,  the  sum  of  Ten  Cents. 

When  wheat,  or  indian  corn,  is  sold  by  the  bushel,  and  there  is  *££'s£**' l893'  ** 
no  special  agreement  as  to  the  measurement,  or  weight  thereof, 
the  bushel  shall  consist  of  sixty  pounds  of  wheat,  and  fifty-six 
pounds  of  corn. 

8578°-i2 5 


66 


Laws  Concerning  Weights  and  Measures 


Packages  of  meal 


Hogshead 


Regulation  and  size  All  casks  for  the  exportation  of  breadstuff s,  shall  be  made  of 
of  casks  ior  exportation  gOOCi  seasoned  materials,  well  hooped  and  nailed,  and  shall  be  of 
the  following  sizes,  viz:  No.  i,  27  inches  long,  16%  inches  diameter 
at  the  head,  and  to  contain  196  pounds;  No.  2,  22%"  inches  long, 
12%  inches  diameter,  and  to  contain  98  pounds;  and  if  any  person 
shall  export  from  New  Castle  County  to  any  foreign  port,  or  place, 
beyond  the  United  States,  or  shall  sell  for  such  exportation  any 
wheat  flour,  rye  flour,  or  middlings  of  wheat,  packed  in  casks 
made  of  unseasoned  materials,  or  of  other  dimensions,  or  of  less 
weight  per  cask,  than  these  respectively,  he  shall  forfeit  and  pay 
to  the  flour  inspector  forty  cents  per  cask,  and  shall  have  remedy 
over  for  damages  against  the  miller,  or  cooper,  who  furnished  the 
same. 

Indian  corn  meal,  made  from  corn  sufficiently  kiln-dried,  shall 
be  packed  for  exportation  from  New  Castle  County,  or  from 
Middleford,  or  Seaford  in  Sussex  county,  to  any  foreign  port,  or 
any  port  in  the  United  States  where  there  are  no  inspection  laws, 
in  strong  tight  hogsheads,  made  of  good  seasoned  white,  or  red 
oak,  well  hooped  and  secured — the  staves  forty-one  inches  long, 
twenty-seven  inches  diameter  at  the  head  and  to  contain  800 
pounds  net,  or  in  casks  twenty-six  inches  long,  1 6%  inches  diameter 
and  to  contain  196  pounds,  or  in  half  barrels  22  inches  long,  12^ 
inches  diameter,  and  to  contain  98  pounds,  under  the  same  penalty 
herein  provided  for  flour;  except  that  wheat  flour,  or  kiln-dried 
Indian  corn  meal,  may  be  exported  in  sacks,  or  packages,  if 
inspected  and  passed,  and  the  same  fees  paid  for  inspection  as  in 
proportion  for  barrels. 

Each  miller  shall  brand,  or  mark,  with  his  own  name,  or  some 
name  by  which  it  may  be  distinguished  as  his,  every  cask,  or  hogs- 
head, of  breadstuff  manufactured  by  him  (for  exportation),  and 
mark  the  kind  and  quality,  and  weight,  tare  and  net,  under  pen- 
alty of  twenty  cents  for  each  cask,  or  hogshead,  not  branded,  to 
anyone  who  will  sue  for  the  same;  and  if  any  person  shall  mark  a 
false  weight,  or  wrong  tare,  to  the  disadvantage  of  the  purchaser, 
he  shall  forfeit  and  pay  to  the  inspector  one  dollar  for  each  cask, 
or  hogshead,  so  falsely  branded. 

All  wheat  flour,  manufactured  for  sale,  or  exportation,  shall  be 
merchantable,  and  of  due  fineness,  without  mixture. 

The  Governor  shall  appoint  a  flour  inspector,  who  shall  reside  in 
the  city  of  Wilmington,  and  another  who  shall  reside  in  or  near 
Middleford,  or  Seaford,  who  shall  appoint  the  necessary  deputies. 
Each  inspector,  or  deputy,  shall  be  duly  sworn,  or  affirmed,  and 
shall  hold  office  for  four  years. 

Breadstuff  to  be  in-     No  person  shall  ship,  or  load,  for  exportation  from  New  Castle 
County  to  any  foreign  port,  or  to  any  port  in  the  United  States 


Sec.  3 

Brands  to  be  used 


Sec.  4 
Flour 


Sec.  s 
Inspector's  oath 


Delaware  g- 

where  there  are  no  inspection  laws,  any  superfine,  or  common 
flour,  or  middlings,  or  any  rye  flour,  or  Indian  corn  meal,  before 
the  same  is  duly  inspected. 

The  inspector  shall  try  the  packing  and  quality,  by  boring  and  |ec.  7 
piercing;  or  if  necessary,  by  unpacking.  If,  on  unpacking,  the 
quantity  be  found  insufficient,  the  miller  shall  pay  all  charges  of 
packing  and  repacking,  besides  the  penalty  aforesaid;  otherwise 
the  inspector  shall  pay  such  charges,  or  the  purchaser,  if  done  at 
his  request. 

If  the  flour  be  "superfine,"  he  shall  stamp  the  plug  with  the  stamping  grades  ot 
letters  "S.  D.;"  if  inferior  to  superfine,  but  good  merchantable 
common  flour,  he  shall  scratch  and  erase  the  superfine  brand,  and 
stamp  the  plug  with  the  letters  "C.  D.;"  if  below  that  quality, 
he  shall  condemn  the  same  as  unfit  for  exportation,  and  shall  mark 
it  with  a  circle  and  cross  in  red  chalk.  "Middlings,"  "fine  rye 
flour,"  "rye  flour,"  and  "kiln-dried  corn  meal,"  shall  be  in  like 
manner  inspected  and  marked,  or  condemned,  and  scratched, 
according  to  the  quality  thereof. 

The  fee  for  inspection  shall  be  one  cent  for  each  cask,  or  barrel, 
and  three  cents  for  each  hogshead,  to  be  paid  by  the  person  export- 
ing, or  intending  to  export  the  same,  whether  approved  or  con- 
demned. 

In  case  of  dispute  concerning  inspection,  any  judge  of  the  State 
shall,  on  application,  appoint  three  proper  triers  to  examine  such 
breadstuff  and  report  to  him  its  quality  and  condition;  and  their 
report  shall  be  final.  If  their  report  sustain  the  inspector,  the 
other  party  shall  pay  the  triers  fifty  cents  each;  if  otherwise,  the 
inspector  shall  pay  them  and  shall  pass  the  breadstuff s  inspected, 
as  merchantable. 

The  inspector  or  his  deputy,  shall,  when  required,  go  on  board 
any  vessel  within  ten  miles  of  Wilmington,  New  Castle,  or  Port110"1*1 
Penn,  Middleford,  or  Seaford,  to  inspect  more  than  fifty  casks 
under  penalty  of  forfeiting  thirty  dollars  to  any  one  who  will  sue 
for  the  same. 

No  such  inspector,  or  deputy,  shall  deal  in  any  flour  by  buying,  d<£}spector  raay  not 
selling,  or  bartering  the  same,  other  than  superfine  flour  under 
penalty  of  forfeiting  one  hundred  dollars. 

If  any  person  shall  falsely  brand  any  breadstuff,  after  inspec-    |^M  branding 
tion,  with  design  to  evade  the  inspection,  or  shall,  knowingly  and 
fraudulently,  ship  the  same  with  said  false  brand,  he  shall  forfeit 
and  pay  one  hundred  dollars;    and  every  cask,  or  hogshead,  so   Penalt? 
falsely  and  fraudulently  branded,  shall  be  forfeited  to  the  State, 
and  may  be  seized  by  the  inspector,  or  deputy,  one-half  to  his  own 
use;  and  if  any  person  shall  brand,  or  make  the  mark  of  superfine, 
common,  or  middlings,  on  any  cask  of  flour  after  it  shall  have  been 


68  Laws  Concerning  Weights  and  Measures 

taken  from  the  mills  and  before  it  shall  have  been  inspected  and 
allowed  as  such  by  the  inspector,  such  person  shall  forfeit  and  pay 
twenty  cents  to  any  person  who  will  sue  for  the  same. 

Fori eitureoiun-      ^  anv  fl°ur>  branded  "  superfine,"  or  "  common  "  shall  be  found, 
marked  mixed  flour     on  inspection,  to  contain  corn  meal,  or  other  mixture  and  adultera- 
tion, it  shall  be  forfeited  to  the  State,  and  may  be  seized  as  afore- 
said, one  half  to  the  inspector's  use. 

In  case  of  any  seizure,  he  shall  sell  the  same,  after  ten  days' 
notice  in  one  or  more  newspapers  of  the  State,  at  public  vendue; 
and  shall  pay  over  one-half  the  proceeds  to  the  State  Treasurer 
within  thirty  days  thereafter. 

inspection  oi  flour  (That  all  superfine  or  common  flour,  middlings,  rye  flour,  and 
Indian  corn  meal,  offered  for  sale  and  sold  for  consumption  in  the 
city  of  Wilmington  shall  be  first  duly  inspected,  and  any  person 
violating  the  provisions  of  this  act,  shall  pay  to  the  flour  inspector 
of  the  city  of  Wilmington,  for  the  use  of  the  State,  the  sum  of  five 
cents  for  each  barrel,  and  ten  cents  for  each  hogshead  of  corn  meal, 
middlings,  or  rye  flour,  so  sold  without  inspection,  to  be  recovered 
as  like  amounts  are  by  the  laws  of  this  State  recoverable.) 
(1867)  That  whenever  Indian  corn  meal  shall  be  sold  by  the  bushel, 

Rev. Code,  1893,9-546          ,  .    ,  ,       ,.,  J     .    ,   ,    ,,  ~ 

set.  i  fa  and  no  special  agreement  as  to  the  measurement  or  weight  thereof 

selling  of  Indian  meai  shall  be  made  by  the  parties,  the  bushel  if  sifted,  shall  consist  of 

44  pounds,  and  if  unsifted,  the  bushel  shall  consist  of  48  pounds. 
Laws.  1899.  ch.  27o,     That  on  and  after  the  first  day  of  April,  1899,  after  this  Act 
P'sec.  i  becomes  a  law,  each  and  every  bag,  package,  parcel  or  box  of 

flour  or  grain  meal  of  any  kind  exposed  or  offered  for  sale  to  con- 
sumers in  this  State  shall  have  marked  or  printed  prominently, 
weight  of  flour  or  distinctly  and  conspicuously  thereon  the  correct  and  exact  weight 

meal  to  be  marked  .    •>  £  '  .  .  . 

in  avoirdupois  of  the  flour  or  other  gram  meal  contained  in  such 
bag,  package,  parcel  or  box. 

fixity  That  on  and  after  the  first  day  of  April  aforesaid,  it  shall  be 

unlawful  for  any  person  or  persons,  firm  or  firms,  corporation  or 
corporations  to  offer  or  expose  for  sale,  any  bag,  package,  parcel 
or  box  of  flour  or  any  kind  of  grain  meal,  unless  the  same  has 
printed  or  marked  thereon  as  aforesaid  the  exact  and  correct 
weight  as  aforesaid.  Every  person  or  firm  or  firms  violating  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  forfeit  and  pay  a  fine  of  twenty- 
five  dollars,  besides  the  costs  of  suit. 

Misbranding  That  if  on  and  after  the  first  day  of  April  aforesaid,  any  person 

or  persons,  firm  or  firms,  corporation  or  corporations  shall  print 
or  mark  the  weight  of  flour  or  other  grain  meal  on  any  such  bag, 
package,  parcel  or  box  as  aforesaid  falsely  or  incorrectly  or  in  any 
way  to  deceive  the  public,  such  person  or  persons,  firm  or  firms, 
corporation  or  corporations,  shall  upon  conviction  thereof,  forfeit 
and  pay  a  fine  of  twenty-five  dollars  besides  the  costs  of  suit. 


Delaware 


69 


That  all  loaves  of  bread  manufactured  from  wheat  flour  in    ]Uws-  Ig98-  vo1- 
whole  or  in  part,  sold  or  offered  for  sale  in  this  State  by  the  baker   se9c2.'?' 2 
or  manufacturers  thereof  or  by  any  other  person  whether  whole- 8  n 
sale  or  retail  shall  weigh  at  least  one  pound  avoirdupois  weight. 

If  any  baker  or  manufacturer  of  bread  into  loaves  from  wheat 
flour  in  whole  or  in  part,  or  any  other  person  shall  in  this  State 
sell  or  offer  to  sell  to  any  person  any  such  loaf  of  said  bread  that 
shall  weigh  less  than  one  pound  avoirdupois  weight  he,  she  or 
they,  or  it  shall  be  guilty  of  a  misdemeanor  and  upon  conviction 
thereof,  shall  forfeit  and  pay  to  the  county  wherein  such  sale  or 
offer  to  sell  is  made,  a  fine  of  not  less  than  five  dollars,  and  not 
more  than  twenty-five  dollars  and  upon  default  of  the  payment  of 
said  fine  shall  be  imprisoned  in  the  County  Jail  not  exceeding 
thirty  days. 

A  perch  of  stone  shall  contain,  when  measured  in  the  wall,  d,1^8'  I893>  vo1'  J9> 
twenty-four  and  three-quarters  cubic  feet;  when  measured  in   |eecr-c^ 0, stone 
square  piles  on  the  ground  twenty-seven  cubic  feet.    When  meas- 
ured in  boats,  thirty  cubic  feet.    When  measured  in  cars,  thirty- 
one  and  one-half  cubic  feet.     All  stone  to  be  measured  in  the 
wall  when  practicable.     Any  mason  work  contracted  for,  in  which 
the  contractor  agrees  to  furnish  both  materials  and  labor  at  a 
stated  sum  per  perch,  shall  be  measured  and  computed  according 
to  the  following  rules  governing  the  measurement  of  mason  work, 
i.  e.,  mason  measurement  shall  be  the  basis  of  settlement.1 

From  and  after  the  first  day  of  May  A.  D.  1903,  the  Inspector 83^aws>  19°3>th4°°'p- 
of  Plumbing,  of  the  city  of  Wilmington,  shall  assume  the  duties  ^spectoroi plumbing 
of  Gas  Inspector  in  and  for  the  said  city,  and  shall  perform  the to  be  a!so  gas  ^P81** 
duties  hereinafter  provided  for. 

The  Gas  Inspector  shall  make  a  daily  inspection  and  test  of  the   f  ocmake  daily  test  of 
gas  as  to  candle  power  and  report  the  result  of  said  test  to  thegas 
Council  monthly. 

Any  consumer  of  gas  can  have  his  meter  tested  under  the  super-  inspection  ot  meter 
vision  of  the  Gas  Inspector  upon  filing  application  for  same,  if 
meter  proves  correct,  in  accordance  with  United  States  standard, 
the  applicant  shall  pay  costs  of  said  test,  provided  however  the 
cost  shall  not  exceed  fifty  cents.  If  the  said  meter  should  not 
conform  to  above  standard  the  costs  of  said  test  shall  be  borne  by 
the  gas  company. 

All  fees  so  collected  shall  be  paid  monthly  into  the  treasury  of 
the  City  of  Wilmington. 

1  NoTB. — See  also  act  of  April  17,  1893,  prescribing  units  of  measurement  in  various  trades. 


DISTRICT  OF  COLUMBIA 

From  and  after  the  passage  of  this  act  the  sealer  of  weights  and^sec?0'1" 
measures1  shall  receive  a  salary  of  two  thousand  five  hundred   Sealerof  weights  and 
dollars  per  annum  in  lieu  of  fees.     Such  officer  shall  be  appointed 
by,  and  shall  be  under  the  direction  and  control  of,  the  Commis- 
sioners of  the  District  of  Columbia.     He  shall  have  the  custody 
and  control  of  such  standard  weights  and  measures  of  the  United 
States  as  now  are,  or  as  shall  hereafter  be,  provided  by  the  Dis- 
trict of  Columbia,  which  shall  be  the  only  standards  for  weights 
and  measures  in  said  District. 

That  the  sealer  of  weights  and  measures  shall  give  bond  to  the   sec.2,as  amended  by 
District  of  Columbia  in  the  penalty  of  five  thousand  dollars,  with ^radr^uireS6 
two  sureties  or  with  the  guaranty  of  a  bonding  company,  to  be 
approved  by  the  Commissioners,  conditioned  on  the  faithful  dis- 
charge of  the  duties  of  his  office,  and  shall  take  and  subscribe  on 
oath  or  affirmation  before  the  Commissioners  that  he  will  faith- 
fully and  impartially  discharge  the  duties  of  his  office,  which  bond 
or  guaranty  and  oath  shall  be  deposited  with  the  Commissioners 
of  the  District  of  Columbia. 

That  the  Commissioners  of  the  District  of  Columbia,  on  the   sec-* 

.  .  Assistant    sealer    ol 

recommendation  of  the  sealer  of  weights  and  measures,  be,  and  weights  and  measures 
they  are  hereby,  authorized  to  appoint  one  assistant  sealer  of 
weights  and  measures,  at  a  salary  of  twelve  hundred  dollars  per 
annum.2  The  said  Commissioners  shall  appoint  such  additional 
employees  as  may  be,  in  the  judgment  of  the  Commissioners  of  the 
District  of  Columbia,  temporarily  required  for  operations  of  the  Eltra  employees 
sealer  of  weights  and  measures  at  an  aggregate  expense  of  not 
exceeding  five  hundred  dollars  in  any  one  year.  The  said  Commis- 
sioners shall  provide  for  use  of  the  sealer  and  the  assistant  sealer 
of  weights  and  measures  a  suitable  room  or  rooms  to  be  used  for  an 
office ;  and  the  said  Commissioners  shall  also  provide  a  horse  and 
wagon  for  the  use  of  the  sealer  and  assistant  sealer  of  weights  and 
measures  at  such  times  as  the  business  of  their  office  shall  require. 

That  the  Commissioners  of  the  District  of  Columbia  are  hereby   sec.  4 
empowered  and  directed  to  prescribe  a  schedule  of  fees  to   be    ( 

1  Title  changed  to  "  Superintendent  of  Weitrhts,  Measures,  and  Markets,"  by  joint  resolution  of  the  Senate 
and  House  of  Representatives,  approved   Feb.  19,  1910. 
-  Congress  has  since  provided  for  additional  assistant  sealers  and  a  clerk. 

71 


72  Laws  Concerning  Weights  and  Measures 

charged  by  the  sealer  of  weights  and  measures  for  his  services,  in 
lieu  of  the  fees  now  charged,  which  schedule  shall  be  printed  and 
conspicuously  displayed  in  the  office  of  the  sealer  of  weights  and 
measures.  Such  schedule  of  fees  shall  be  so  arranged  as  to  provide 
as  nearly  as  may  be  for  all  the  salaries  and  expenses  connected 
with  the  office  of  the  sealer  of  weights  and  measures,  and  no  more. 
Disposition  of  fees  An  feeg  collected  by  the  sealer  or  assistant  sealer  of  weights  and 

measures  shall  be  paid  over  to  the  collector  of  taxes  of  the  Dis- 
trict of  Columbia  under  regulations  to  be  prescribed  by  the  Com- 
missioners of  the  District  of  Columbia,  and  be  covered  into  the 
Treasury  of  the  United  States  as  other  revenues  of  the  District 
are  now. 

oath    of  assistant     The  assistant  sealer  of  weights  and  measures  shall  take  the  same 
sealer  oath  his  principal  is  required  to  take,  and  may,  during  the  contin- 

uance of  his  office,  discharge  and  perform  any  of  the  official  duties 
of  his  principal,  and  any  default  of  misfeasance  in  office  by  the 
assistant  surveyor,  or  other  assistant  or  helper  of  the  sealer  of 
weights  and  measures,  shall  be  deemed  a  breach  of  the  official 
bond  of  his  principal. 

sec.  6  The  sealer  of  weights  and  measures  and,  under  his  direction,  the 

ciuKpSJer  to  perform  assistant  sealer  of  weights  and  measures  shall  have  the  exclusive 
duties  of  their  office      power  to  perform  all  the  duties  of  their  office.     They  shall  from 
time  to  time  try  and  prove  all  scales,  weights,  beams,  and  measures 
of  every  kind  whatsoever  used  in  the  District  of  Columbia  for  the 
purpose  of  buying  and  selling,  and  such  as  shall  be  found  to  con- 
form to  the  standards  kept  in  their  office  they,  or  either  of  them, 
stamping  shall  stamp  with  the  word  "approved,"  or  with  the  letter  "W," 

and  the  year  in  which  said  inspection  is  made;  and  such  as  are 
found  not  to  conform  to  the  standards  in  their  office  they,  or  either 
of  them,  shall  stamp  with  the  word  "  condemned  "  and  the  year  in 
which  the  inspection  is  made.  Upon  the  written  request  of  any 
resident  of  the  District  of  Columbia  the  sealer  of  weights  and  meas- 
ures shall  test,  or  cause  to  be  tested,  within  a  reasonable  time  after 
the  receipt  of  such  request,  the  weights,  scales,  beams,  or  other 
instruments  used  in  buying  or  selling  by  the  person,  firm,  or  cor- 
poration designated  in  such  request:  Provided,  That  nothing 
herein  contained  shall  be  construed  to  prevent  any  manufacturer 
or  other  person  from  keeping  for  sale  scales,  beams,  weights,  or 
measures;  but  on  the  written  request  of  such  manufacturer  or 
other  person  the  sealer  of  weights  and  measures  shall  test,  or  cause 
to  be  tested,  and  shall  stamp  as  herein  provided  all  such  scales, 
thflinHed^suu^no" beams,  weights,  or  measures  offered  for  sale:  And  provided  further, 
to  basted  by  District  That  j^^ng  herein  contained  shall  be  construed  to  require  or  to 
authorize  the  sealer  of  weights  and  measures  to  test  any  scales 
belonging  to  the  United  States. 


District  of  Columbia  73 

That  the  Commissioners  of  the  District  of  Columbia  shall  furnish   Sec-  ? 
the  sealer  of  weights  and  measures  a  book  to  be  kept  in  his  office,   TeTrewrd68' 
in  which  book  he  shall  register,  in  alphabetical  order,  the  name  of 
each  person  whose  measures,  scales,  beams,  or  other  instruments  he 
or  his  assistants  has  inspected,  together  with  the  number  and  size  of 
the  same,  and  what  number  of  each  was  approved  and  what  con- 
demned, with  the  time  of  inspection;  and  such  book  shall  be  open 
to  the  inspection  and  examination  of  the  public  at  all  reasonable 
times. 

No  person  shall  neglect  or  refuse  to  exhibit  any  weights,  scales    sec.s 

i  ,  i  111.  weights  must  be  ex- 

measures,  beams,  or  other  instruments  used  by  him  or  her  mhlb«ed  on  demand  ot 
weighing  or  measuring  to  the  sealer  or  assistant  sealer  of  weights" 
and  measures  when  and  whenever  demanded  by  them,  or  either  of 
them  for  the  purposes  of  inspection  and  stamping :  Provided,  That 
no  fees  shall  be  collected  for  examinations  made  in  excess  of  the 
number  of  examinations  prescribed  in  the  schedule  of  fees  herein- 
before provided  for. 

That  no  person  shall  use  for  buying  or  selling,  or  for  weighing  acfe^|I:a^8a™|^edby 
freight  or  express  matter,  any  weights,  measures,  scales,  or  other   scales  for  commercial 

^  ..  *  in     i  ,  purposes  must  be  ap- 

instruments,  unless  the  same  shall  have  been  examined  and  proved 
approved  by  the  sealer  or  assistant  sealer  of  weights  and  measures. 
The  fact  and  the  date  of  such  examination  and  approval  and  the 
period  for  which  such  examination  and  approval  shall  hold  good 
shall  be  certified  to  with  the  seal  of  the  sealer  of  weights  and  meas- 
ures. Such  certificates  shall  be  attached  in  a  conspicuous  place  to 
the  weights,  measures,  scales,  or  other  instruments  so  examined 
and  approved;  and  such  certificate  shall  be  valid  only  for  such 
time  as  the  Commissioners  of  the  District  of  Columbia  shall  provide 
in  the  schedule  of  fees  hereinafter  provided  for:  Provided.  That  condemning  false 

,   .          ,  .        j      ,      n  i«          A*.  •          weights  and  measures 

nothing  herein  contained  shall  prevent  at  any  time  the  examina- 
tion and  condemnation  of  any  weights,  measures,  scales,  or  other 
instruments  that  may  be  found  defective.  The  Commissioners  of  Lfanits  °'  toleranc« 
the  District  of  Columbia  shall  prescribe  the  amount  of  tolerance 
to  be  allowed  by  the  sealer  of  weights  and  measures,  and  all  weights, 
measures,  and  balances  that  do  not  conform  to  the  standards  for 
weights  and  measures  in  this  Act  provided  for  within  the  limit  of 
tolerance  so  allowed  may  be  seized  by  the  sealer  of  weights  and 
measures,  and  when  so  seized  shall  be  destroyed  by  him,  and  a 
record  of  the  same  shall  be  duly  entered  on  the  books  of  his  office. 
Failure  to  comply  with  the  provisions  of  this  section,  or  the  use  of 
any  weights,  measures,  scales,  or  other  instruments  described  in 
this  section,  before  the  payment  of  the  fees  fixed  by  the  said  Com- 
missioners for  examinations,  shall  render  the  person  so  failing  or 
using  liable  to  a  fine  of  not  more  than  twenty  dollars  and  costs  of 
prosecution  for  each  offense,  to  be  recovered  in  the  police  court  of 


74  Laws  Concerning  Weights  and  Measures 

the  District  of  Columbia;  and  the  said  court  may  make  a  further 
sentence  that  the  offender  be  imprisoned  in  the  District  jail  for 
any  period  not  exceeding  six  months  until  the  payment  of  such  fine 
and  costs. 
sec.  10,  as  amended      No  person  shall  sell  or  offer  for  sale  anywhere  in  the  District  of 

by  act  Jan.  22,  1907         r\    t          t   •  •    •  j  j'j.'r  1   •     j 

True  weight  andColumbia  any  provisions  or  produce  or  commodities  of  any  kind 
for  a  weight  or  measure  greater  than  the  actual  or  true  weight  or 
measure  thereof;  and  all  provisions,  produce,  or  commodities  of 
any  kind  shall  when  sold  by  weight  or  measure,  be  weighed  by 
scales,  weights,  or  balances,  or  measured  in  measures  duly  tested 
and  sealed  by  the  sealer  or  an  assistant  sealer  of  weights  and 
measures:  Provided,  That  berries,  when  offered  for  sale  in  an  orig- 
inal package  or  basket  containing  a  standard  measure,  may  be 
sold  in  said  package  or  basket  without  the  same  having  been  first 
tested  and  sealed;  but  in  no  case  shall  said  basket  be  refilled  for 
use  in  the  sale  of  berries  or  produce  of  any  kind  whatsoever:  And 
provided  further,  That  poultry  and  vegetables,  usually  sold  by  the 
head  or  bunch,  may  be  offered  for  sale  and  sold  in  other  manner 
than  by  weight  or  measure;  but  in  all  cases  where  the  person 
intending  to  purchase  shall  so  desire  and  request,  poultry  shall  be 
weighed,  as  hereinbefore  prescribed:  And  provided  further,  That 
scales  reported  not  in  use  shall  be  sealed  down,  and  said  seal  shall 
not  be  broken  except  by  authority  of  the  sealer  of  weights  and 
measures. 

J^n^  Person  who  shall  neglect  or  refuse  to  exhibit  his  weights, 
measures,  scales,  beams,  or  other  instruments  used  for  the  purpose 
of  weighing  or  measuring  to  the  sealer  or  assistant  sealer  of  weights 
and  measures;  or  any  person  who  shall  use,  in  buying  or  selling, 
any  weights,  measures,  scales,  beams,  or  other  instruments  used 
for  weighing  or  measuring,  which  shall  have  been  inspected  and 
condemned  by  the  sealer  of  weights  and  measures,  or  which,  upon 
examination,  shall  not  be  conformable  to  the  standards  in  the 
office  of  the  sealer  of  weights  and  measures;  or  any  person  who 
shall  violate,  or  fail  to  comply  with,  any  of  the  foregoing  provisions 
of  this  Act,  shall  be  punished  by  a  fine  not  to  exceed  one  hundred 
dollars  and  costs  of  prosecution ;  and  the  court  may  make  a  further 
sentence  that  the  offender  be  imprisoned  in  the  District  jail  till 
the  payment  of  such  fine  and  costs :  Provided,  That  such  imprison- 
ment shall  not  exceed  the  period  of  six  months. 
bySact  Maras3ian^?ed  That  no  person  shall  sell,  or  deliver,  any  coal,  or  coke,  within 

certificates  of  weight  the  limits  of  the  District  of  Columbia  unless  at  the  time  of  the 

of  coal  required  ..      ., 

delivery  thereof  to  the  person  in  charge  of  the  wagon,  cart,  or 
other  vehicle  or  conveyance  used  for  and  in  the  delivery  thereof, 
a  written  or  printed  certificate  duly  signed  by  or  for  the  seller, 
showing  separately  the  actual  weight  of  said  coal,  or  coke,  and  the 


District  of  Columbia  7e 

name  of  the  purchaser  thereof,  and  the  weight  of  the  said  wagon, 
cart,  or  other  vehicle  or  conveyance,  and  showing  the  total  weight 
of  said  coal,  coke,  wagon,  cart,  other  vehicle,  or  conveyance.  And 
any  person  who  shall  violate  or  neglect  or  refuse  to  comply  with 
the  provisions  of  this  section  shall  be  punished  by  a  fine  of  not 
more  than  forty  dollars :  Provided,  That  all  prosecutions  under  this 
Act  shall  be  brought  in  the  police  court  of  the  District  of  Colum- 
bia on  information  filed  by  the  corporation  counsel  or  one  of  his 
assistants. 

That  no  person  in  charge  of  the  wagon  or  conveyance  used  in  vexing  the  weight 
delivering  coal,  to  whom  the  certificate  mentioned  in  section °n°ads of "^ 
twelve  of  this  Act  has  been  delivered,  shall  neglect  or  refuse  to 
exhibit  such  certificate  to  the  sealer  or  the  assistant  sealer  of 
weights  and  measures,  or  to  any  person  designated  by  them,  or  to 
the  purchaser  or  intended  purchaser  of  the  coal  being  delivered; 
and  when  said  officers,  person  so  designated,  or  such  purchaser  or 
intended  purchaser  shall  demand  that  the  weight  shown  by  such 
certificate  be  verified,  it  shall  be  the  duty  of  the  person  delivering 
such  coal  to  convey  the  same  forthwith  to  some  public  scale  of  the 
District,  or  to  any  private  scale  the  owner  whereof  shall  consent  to 
such  use,  and  to  permit  the  verifying  of  the  weight  shown,  and 
shall,  after  the  delivery  of  such  coal,  return  forthwith,  with  the 
wagon  or  conveyance  used,  to  the  same  scale  and  verify  the  weight 
of  the  wagon  or  conveyance. 

That  it  shall  be  the  duty  of  the  sealer  of  weights  and  measures  to   f£i#to  be  responsl. 
inspect,  or  cause  to  be  inspected  and  tested,  the  weight  of  coal  soldjj«,j£  J^g^J  £2 
or  delivered  as  aforesaid  within  the  District  of  Columbia,  and  to  sold  or  delivered 
take  the  proceedings  necessary  to  enforce  the  provisions  of  this 
Act. 

That  any  person  who  shall  violate  or  who  shall  neglect  or  refuse 
to  comply  with  the  provisions  of  sections  six,  seven,  and  eight  of 
this  Act,  or  any  person  who  shall  deliver  or  attempt  to  deliver  coal 
of  less  weight  than  that  set  down  in  the  certificate  hereinbefore 
mentioned,  shall  be  punished  with  a  fine  not  to  exceed  one  hundred 
dollars  and  costs  of  prosecution ;  and  the  court  may  make  a  further 
sentence  that  the  offender  be  imprisoned  in  the  District  jail  until 
the  payment  of  such  fine  and  costs:  Provided,  That  the  term  of 
such  imprisonment  shall  not  exceed  six  months. 

That  all  laws  and  ordinances  inconsistent  with  the  provisions  of   sec. 16 
this  Act  be,  and  the  same  are  hereby,  repealed. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United  ap^vedR^  *°;91'06' 
States  of  America  in  Congress  assembled,  That  the  sealer  of  weights ch^yede  of  '••»>•' 
and  measures  of  the  District  of  Columbia  shall  hereafter  be  known 
and  designated  as  the  "superintendent  of  weights,  measures,  and 
markets." 


Laws  Concerning  Weights  and  Measures 


It  shall  not  be  lawful  for 


to  sell 


Penalty 


Act,  1896,  Pub 
166 
Sec. 


No. 


Bushel 


Webb's  Digest,  p.  125  *•  -  j-«- oncm  JLWI.  ut  lawim  iv,i  any  person  or  persons  to  sell  any 
reared*  dry  m®asure  article  by  dry  measure,  within  the  limits  of  this  Corporation,  unless 
the  same  shall  have  been  measured  in  dry  measures  made  to  con- 
form in  all  respects  to  the  standard  measures  of  the  United  States 
deposited  with  the  Mayor  (Commissioners) ;  and  any  person  or 
persons  within  the  limits  of  this  Corporation  selling  or  offering  to 
sell  by  dry  measure  any  article  by  any  other  form  or  size  of  measure 
shall  be  deemed  guilty  of  an  offense  against  this  Corporation,  and 
shall,  upon  conviction,  forfeit  and  pay  for  every  such  offense  a  fine 
not  exceeding  five  nor  less  than  three  dollars,  to  be  collected  and 
applied  as  all  such  other  fines  of  this  Corporation  are  collected  and 
applied. 

It  shall  not  be  lawful  for  any  person,  under  a  penalty  of  five 
dollars  for  each  offense,  to  be  recovered  in  the  police  court  of  the 
y  measure nd  District  of  Columbia  in  the  name  of  said  District  in  the  same  man- 
ner as  other  fines  and  penalties  are  recovered,  to  use  any  bushel, 
half-bushel,  peck,  half-peck,  or  quarter-peck  measure  unless  the 
same  be  of  the  dimensions  following,  to  be  measured  from  inside  to 
inside,  to  wit :  Every,  bushel  measure  shall  not  be  less  than  fifteen 
and  one-fourth  inches  in  diameter  at  the  top,  fourteen  and  one- 
half  inches  in  diameter  at  the  bottom,  twelve  and  three-eighths 
inches  deep,  and  the  staves  three-fourths  of  an  inch  in  thickness. 
Every  half -bushel  measure  shall  not  be  less  than  twelve  and  one- 
half  inches  in  diameter  at  the  top,  eleven  and  one-half  inches  in 
diameter  at  the  bottom,  nine  and  one-half  inches  deep,  and  the 
staves  at  least  one  inch  thick.  Every  peck  measure  shall  not  be 
less  than  ten  inches  in  diameter  at  the  top,  nine  and  one-fourth 
inches  in  diameter  at  the  bottom,  seven  and  five-eighths  inches 
deep,  and  the  staves  three-fourths  of  an  inch  in  thickness.  Every 
half-peck  measure,  when  joined  to  the  peck,  shall  not  be  less  than 
eight  and  five-eighths  inches  in  diameter  at  the  top,  nine  and  one- 
eighth  inches  in  diameter  at  the  bottom,  four  and  one-half  inches  in 
depth,  and  the  staves  five-eighths  inch  thick;  and  every  one-half 
peck  measure,  when  made  separate  from  the  peck,  shall  not  be  less 
than  nine  and  one-eighth  inches  in  diameter  at  the  top,  eight  and 
five-eighths  inches  in  diameter  at  the  bottom,  four  and  one-half 
inches  deep,  and  the  staves  five-eighths  inch  thick;  every  quarter- 
peck  measure  shall  not  be  less  than  six  and  one-eighth  inches  in 
diameter  at  the  top,  five  and  seven-eighths  inches  in  diameter  at 
the  bottom,  four  and  three-fourths  inches  deep,  and  the  staves 
one-half  inch  in  thickness. 

That  when  potatoes  are  sold  by  weight  the  lawful  weight  of  a 
bushel  of  potatoes  shall  be  sixty  pounds,  under  a  penalty  of  five 
dollars  for  each  offense,  to  be  recovered  in  the  police  court  of  the 


Peck 


Hali  peck 


Quarter  peck 


SCC    2 

Weight  of  bushel  of 
potatoes 


District  of  Columbia  *j 

District  of  Columbia,  in  the  name  of  the  said  District,  in  the  same 
manner  as  other  fines  and  penalties  are  recovered. 

It  shall  be  unlawful  for  any  person  to  falsely  represent  himself  P4ct>N(far-  3>  I8*>- 
or  herself  as  being  a  weighmaster  of  hay,  straw,  fodder,  or  corn,  or   sec'.1?0' 
to  make,  give,  or  issue  any  certificate  of  the  quantity  of  hay,wfi8SKicn  ot 
straw,  fodder,  or  corn  weighed  in  the  District  of  Columbia. 

That  hereafter  in  the  District  of  Columbia  three  hundred  and   |£ndard 
fifty  pounds  of  corn  on  the  cob  shall  constitute  a  barrel  and  *11 


hundred  and  eighty  pounds  of  shelled  corn  shall  constitute  a 
barrel  :  Provided,  That  nothing  in  this  Act  shall  be  held  to  prohibit 
the  sale  of  corn  on  the  cob  by  the  barrel. 

That  any  person  violating  any  of  the  provisions  of  this  Act  shall  sec^ 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  in 
the  police  court  of  the  District  aforesaid  shall  be  punished  by  a  fine 
of  not  more  than  fifty  dollars  or  imprisonment  in  the  jail  of  the 
District  of  Columbia  not  exceeding  six  months,  or  both,  in  the 
discretion  of  the  court. 

All  charcoal  sold  in  the  city  shall  be  sold  by  measure  or  measures,1   Webb's  Digest,  P. 
the  shape  of  which  shall  be  fixed  by  the  Mayor  (Commissioners)  ^  i852) 

,7,,,,  1  r          •    i  ..  j  1  Charcoal,  how  sold 

and  sealed  by  the  sealer  of  weights  and  measures  ;  and  any  person 
selling  or  offering  charcoal  for  sale  in  any  other  than  a  prescribed 
sealed  measure  shall  forfeit  and  pay  five  dollars  for  each  offense, 
to  be  recovered  as  other  fines  are. 

ORDERS  OF  THE  COMMISSIONERS  OP  THE  DISTRICT  OF  COLUMBIA. 

ORDERED:  That  the  sealer  of  weights  and  measures  is  hereby  as^ubffqui'n'tiy 
directed  and  empowered  to  make  the  following  examinations  of  all  amended 
scales,  weights,  and  measures  in  the  District  of  Columbia,  and  to 
charge  and  collect  the  following  fees  ;  and  if  any  scale  or  weight  be 
found  that  is  incorrect  or  not  within  the  tolerance,  it  shall  be 
seized  and  destroyed  or  condemned  until  repaired,  in  the  discretion 
of  the  sealer  of  weights  and  measures  : 

Scales,  spring  balance,  counter  and  potato,  semi-annually  ....................  $o 

c\         i  -i      .  r  i  *  •  11 

Scales,  counter-platform,  under  200  pounds,  semi-annually 

Scales,  counter-platform,  over  200  pounds,  semi-annually  ....................      i 

Scales,  platform,  Butcher  beam,  abattoir  and  dormant,  under  2  tons,  semi- 


annually 


-Scales,  wagon  and  dormant, over  2  tons  and  under  15  tons,  semi-annually. ...     2 

Scales,  railroad  track,  15  tons  to  50  tons  capacity,  semi-annually 3 

Scales,  railroad  track,  over  50  tons,  semi-annually 5 

All  weights  sealed  (each) 

All  dry  measures,  size  of  half  bushel  or  less  (each) 

All  dry  measures,  over  half  bushel  (each) 

All  liquid  measures  of  i  gallon  or  less  (each) 

All  liquid  measures  over  i  gallon  (each) 

All  yard  measures  sealed,  annually  (each) 


f°r 


1  2,000  pounds,  when  sold  by  weight,  constitute  a  ton.     (Opinion  of  Coporation  Counsel,  1905.) 


78  Laws  Concerning  Weights  and  Measures 

Dry  measures  of  a  capacity  over  one-half  bushel : 

i  to  25,  inclusive  (each) $o.  25 

i  to  50,  inclusive  (each) 20 

i  to  100,  inclusive  (each) 15 

Over  100  (each) 10 

Dry  measure,  half  bushel  or  less: 

i  to  10,  inclusive    each) 10 

i  to  25,  inclusive   each) 09 

i  to  50,  inclusive   each) 08 

i  to  100,  inclusive  (each) 07 1 

Ice  cream  measure: 

i  to  50,  inclusive  (each) 10 

i  to  100,  inclusive  (each) 08 

i  to  200,  inclusive  (each) 07 

200  or  over  (each) 06 

Liquid  measures  over  i  gallon  (each) 25 

Liquid  measures,  i  gallon  or  less: 

i  to  10  measures,  inclusive  (each) 10 

i  to  25  measures,  inclusive  (each) 09 

i  to  50  measures,  inclusive  (each) 08 

i  to  100  measures,  inclusive  (each) 07$ 

Milk  can,  i  gallon  or  more: 

i  to  50  cans,  inclusive  (each) 25 

i  to  100  cans,  inclusive  (each) 20 

Over  100  cans  (each) 15 

Milk  bottles  and  jars,  glass  (each  100  bottles) 50 

as°suebstqguent8i9J      ORDERED  i  That  so  much  of  the  order  of  April  23,  1896,  as  relates 
amended  to  tolerance  to  be  allowed  for  public  scales  and  balances,  is  hereby 

Tolerances  on  scales  ,     ,  ,  .    ,..  < 

amended  to  read  as  follows : 

For  weighing  scales  from  50  tons  to  150  tons,  including  all  rail- 
road track  scales,  not  more  than  20  ounces  in  excess,  nor  more  than 
1 6  ounces  in  deficiency  in  each  2,000  pounds. 

Weighing  scales  from  15  tons  to  50  tons  capacity,  not  more  than 
1 6  ounces  in  excess,  nor  more  than  12  ounces  in  deficiency  in  each 
2,000  pounds. 

For  weighing  scales  from  3  tons  to  15  tons  capacity,  not  more 
than  1 2  ounces  in  excess  and  not  over  8  ounces  in  deficiency  in  each 
2,000  pounds. 

For  weighing  scales  from  1,500  pounds  to  3  tons  capacity,  i 
ounce  in  each  25  pounds  in  excess,  nor  more  than  i  ounce  in  each 
20  pounds  in  deficiency. 

Weighing  scales  from  200  pounds  to  1,500  pounds  capacity,  not 
more  than  i  ounce  in  each  30  pounds  in  excess,  nor  more  than 
i  ounce  in  each  25  pounds  in  deficiency. 

All  spring  balances,  counter  and  platform  scales  under  200 
pounds  capacity,  not  more  than  i  ounce  in  each  60  pounds  in 
excess,  nor  more  than  i  ounce  in  each  50  pounds  in  deficiency. 

All  weights  belonging  to  their  respective  scales  shall  compare  to 
standards  kept  in  this  office. 

ToferancelyonI3'pa^r  ORDERED  i  That  pursuant  to  the  authority  given  the  Commis- 
sioners  of  the  District  of  Columbia  by  an  act  to  amend  section  9 
of  an  act  entitled  "An  Act  to  provide  for  the  appointment  of  a 


District  of  Columbia 


79 


Order,  July  29, 1901 


Milk  bottles  or  Jars 


sealer  and  assistant  sealer  of  weights  and  measures  in  the  District 
of  Columbia,  and  for  other  purposes,"  approved  March  28,  1896, 
to  prescribe  the  amount  of  tolerance  to  be  allowed  by  the  sealer 
of  weights  and  measures,  a  tolerance  of  two  ounces  shall  be 
allowed  in  quart  paper-box  ice-cream  measures,  with  the  same 
ratio  of  tolerance  for  the  larger  and  smaller  sized  boxes,  and  that 
such  tolerance  shall  be  applicable  to  ice-cream  forms  and  moulds. 

Amended  to  allow  a  tolerance  of  one-half  ounce  in  the  quart  Amendment 
paper  and  metal  ice  cream  measures,  with  the  same  ratio  of  toler- 
ance for  the  smaller  sized  measures  and  for  the  larger  sized  to  and 
including  one  gallon  measures,  and,  not  over  two  ounces  on  all 
measures  over  one  gallon.  This  regulation  to  take  effect  at  once 
on  all  new  measures  placed  in  use,  and  January  first,  1912,  on  all 
measures  that  have  been  sealed  under  the  order  of  July  13,  1904. 

ORDERED:  That  the  schedule  of  fees  for  inspecting  and  sealing 
glass  bottles  or  jars  used  for  the  distribution  or  delivery  of  milk  or 
cream  to  consumers,  adopted  June  17,  1901,  and  suspended  July  i 
and  July  10,  1901,  is  hereby  amended  to  read  as  follows,  to  take 
effect  on  and  after  the  first  of  August,  1901 : 

That  the  glass  bottles  or  jars  used  for  the  distribution  or  delivery 
of  milk  or  cream  to  consumers,  that  hold,  when  filled  to  a  level 
with  the  bottom  of  the  cap  or  stopple,  not  less  than  seven  ounces 
and  six  drams  and  not  over  eight  ounces  and  two  drams  for  one- 
half  pint  measure ;  not  less  than  fifteen  ounces  and  five  drams  and 
not  over  sixteen  ounces  and  four  drams  for  one  pint;  not  less  than 
thirty-one  ounces  and  four  drams  and  not  over  thirty-two  ounces 
and  four  drams  for  one  quart;  not  less  than  forty-seven  ounces 
and  three  drams  and  not  over  forty-eight  ounces  and  five  drams  for 
three  pints;  not  less  than  sixty-three  ounces  and  two  drams  and 
not  over  sixty -four  ounces  and  six  drams  for  one-half  gallon,  shall 
be  sealed  as  measures  and  that  all  dealers  in  milk  who  use  glass 
bottles  or  jars  for  the  distribution  or  delivery  of  milk  or  cream  to 
consumers  shall  be  charged  a  fee  of  fifty  cents  per  hundred  bottles  8e^fmspectionand 
for  such  inspection  and  sealing. 

That  the  legal  standard  ton  of  coal  in  the  District  of  Columbia   Led«d  w^htVaton 
shall  be  two  thousand  two  hundred  and  forty  pounds.     *    *    *     ol  coai 

The  [Inspectors  of  Lumber  *],  Inspectors  of  Wood,  [Inspectors    order,  Sept.  29, 1902 
of  Coal  *],  Inspector  of  Boilers,  Inspectors  of  Flour,  Commissioners  8p®|JgJfvlBto11  of  in" 
of  Flour,  and  the  Inspector  and  Gauger  of  Spirituous  Liquors, 
shall  hereafter  be  under  the  immediate  supervision  of  the  Sealer 
of  Weights  and  Measures,  through  whom  they  shall  make  their 
reports  to  the  Commissioners,  and  who  shall  from  time  to  time, 
submit  to  the  Commissioners  any  recommendations  looking  to  the 
improvement  of  those  branches  of  the  service  he  may  deem  it 
advisable  to  make. 


1  Amended  by  later  order.    (See  next  paragraph.) 


8o  Laws  Concerning  Weights  and  Measures 

Pnspecio^soj coaf and  The  order  of  September  29,  1 902 ,  placing  the  offices  of  Inspectors 
lumber  of  Dumber,  Inspectors  of  Wood,  Inspectors  of  Coal,  Inspectors  of 

Boilers,  Inspectors  of  Flour,  Commissioners  of  Flour,  and  Inspector 
and  Gauger  of  Spirituous  Liquors  under  the  Sealer  of  Weights  and 
Measures,  is  hereby  modified  by  transferring  the  supervision  of 
the  Inspectors  of  Coal  and  the  Inspector  and  Measurer  of  Lumber 
who  inspects  lumber  purchased  by  the  District  to  the  Superintend- 
ent of  Property  of  the  Engineer  Department. 

Webb's  Digest  P  46i      -^  s^a^  ke  the  duty  of  the  Mayor,1  annually,  about  the  fourth 

sec.  i  '  Monday  in  June,  and  whenever  a  vacancy  shall  occur  by  death, 

ur«Ipo1?umbaenrd  meas"  resignation,  or  otherwise,  to  appoint,  by  and  with  the  advice  and 
consent  of  the  Board  of  Aldermen,  six  inspectors  and  measurers  of 
lumber,  whose  duty  it  shall  be  to  inspect  and  measure  all  boards, 
plank,  joist,  scantling,  and  timber,  brought  to,  and  offered  for  sale 
within  the  jurisdiction  of  this  Corporation  not  previously  inspected, 
measured,  and  which  have  not  the  measurement  marked  thereon, 
in  accordance  with  the  laws  operative  in  this  city,  by  a  lawfully 
appointed  and  sworn  inspector  and  measurer,  when,  as  soon  as  the 
same  shall  be  sold;  an  authentic  certificate  of  which  fact  shall,  in  all 
cases,  be  furnished  by  the  seller;  and  each  of  the  said  inspectors 
and  measurers  shall,  before  entering  on  the  duties  of  his  office, 
make  and  subscribe  on  oath  faithfully  to  discharge  the  duties  of 
his  said  office. 

Duties  of  lumber  in  ^t  sna^  De  ^&  duty  of  the  inspectors  of  lumber  to  cut  in  legible 
spBoard  measure  figures  the  number  of  feet  contained  in  each  board,  plank,  joist, 
scantling,  or  timber,  by  the  rule  of  board  measure,  except  boards 
under  one  inch  thick,  which  shall  be  measured  on  the  surface,  and 
marked  accordingly;  all  unsound,  worm-eaten  irregularly  sawed, 
wind-shaken,  mildewed,  or  very  knotty  boards,  scantlings,  joist  or 
other  timber,  or  any  part  thereof,  that  may  be,  in  the  opinion  of 
the  measurer,  unfit  for  use,  shall  be  condemned,  and  left  out  of 
the  count. 

inspector  shaii  not  No  inspector  shall  be  permitted  to  purchase,  or  appoint  any 
cepMorSehisUprivate  ule  deputy  to  purchase  any  lumber  for  him,  except  for  his  own  use, 
on  pain  of  forfeiting  his  office. 

compensation  The  said  inspectors  shall  be  entitled  to  receive  as  compensation 

for  inspecting,  measuring,  and  marking,  the  sum  of  thirty  cents 
per  one  thousand  feet  board  measure,  one-half  to  be  paid  by  the 
buyer  and  the  other  half  by  the  seller. 

penalty  for  selling  Any  person  or  persons  buying  or  selling  lumber  contrary  to  this 
lumber  contrary  to  this  act,  shall,  on  conviction  thereof ,  forfeit  and  pay,  for  every  offence, 
the  sum  of  twenty  dollars  to  this  Corporation,  to  be  recovered  as 
other  fines  and  penalties  are  by  said  Corporation. 


1  Now  Board  of  Commissioners. 


District  of  Columbia  gx 

It  shall  be  the  duty  of  the  said  inspectors,  severally  to  make   |eec-6 
returns  and  report  half-yearly  to  the  Mayor,  the  quantity  in  square 
feet  of  the  several  kinds  of  lumber  inspected  by  him  or  them. 

That  all  barrels  and  half  barrels  containing  flour,  manufactured  BarrSrior'aouf-  <u 
within  the  District  of  Columbia,  or  brought  to  the  same  for  sale,mensionsand^«ir8'ht°« 
shall  be  well  made,  of  good,  clean  material,  and  tightened  with  ten 
or  twelve  hoops,  sufficiently  nailed  with  four  nails  in  each  chime 
hoop,  and  of  the  following  dimensions,  namely:  The  staves  of  all 
barrels  to  be  in  length  not  less  than  twenty-seven  inches;  the 
diameter  at  the  head  to  be  seventeen  inches ;  and  the  staves  of  all 
half  barrels  to  be  twenty  inches  in  length,  and  the  diameter  of  the 
head  thirteen  inches.  Flour  barrels  weighing  not  less  than  sixteen 
pounds  tared  or  marked  on  the  branded  head  shall  be  deemed 
merchantable. 

That  every  miller  or  bolter  of  flour  shall  put  into  barrels  the  flight  of  barrels  of 
quantity  of  one  hundred  and  ninety-six  pounds,  and  into  half  bar-flour 
rels  the  quantity  of  ninety-eight  pounds;  and  if  any  miller  or 
bolter  of  flour  shall  pack  any  barrel  or  half  barrel  with  a  less  quan- 
tity  of  flour  than  by  this  Act  is  required,  he  shall  forfeit,  if  the 
deficiency  be  one  pound,  a  sum  not  exceeding  ten  cents,  and  for 
every  pound  above  one  deficient,  twenty-five  cents;  and  said 
inspectors  are  hereby  required,  whenever  they,  or  either  of  them, 
have  reason  to  suspect  that  any  barrel  or  half  barrel  containing 
flour  is  falsely  tared,  to  cause  the  flour  to  be  started  and  the  barrel  ^^\0^laely  tared; 
or  half  barrel  weighed ;  and  whenever  it  shall  appear  that  the  barrel 
and  half  barrel  weigh  more  than  they  are  marked  by  the  miller  or 
owner,  the  said  miller  or  owner  shall  forfeit  and  pay  to  the  said 
District  for  each  such  offense  at  the  rate  of  ten  cents  for  every 
pound  after  the  first  that  the  barrel  or  half  barrel  may  weigh  short, 
and  shall  moreover  pay  twenty-five  cents  for  each  and  every  barrel 
or  half  barrel,  unless  on  examination  the  tare  should  prove  correct, 
then  in  that  case  the  cost  and  charges  shall  be  paid  by  the  inspector. 

The  Mayor 1  is  authorized,  on  or  about  the  fourth  Monday  in  jtS-'Jfils? >g' 
June,  annually,  to  appoint,  by  and  with  the  consent  of  the  Board   lordlrs an 
of  Aldermen,  five  corders  and  measurers  of  wood  and  weighers  o 
coal — that  is  to  say,  one  for  the  Rock  Creek  district,  to  measure  all   Rock  creek  district 
wood  and  weigh  all  coal  landed  or  sold  within  that  part  of  the  city 
lying  west  of  the  eastern  line  of  Seventeenth  street  west,  one  for 
the  first  Canal  district,  to  measure  all  wood  and  weigh  all  coal   First  canai  district 
landed  or  sold  on  or  near  the  canal  between  Seventeenth  street 
west  and  Twelfth  street  west,  and  north  to  the  boundary  of  the 
city;  one  for  the  second  Canal  district,  to  measure  all  wood  and   second  canai  district 
weigh  all  coal  landed  or  sold  on  or  near  the  canal  between  Twelfth 

1  Now  Board  of  Commissioners. 

8578°— 12 6 


Laws  Concerning  Weights  and  Measures 


Anacostia  district 


Potomac  district 


Sec.  2 

Bond  required 


Oath 


street  west  and  N  street  south,  west  of  Third  street  east,  and  north 
to  the  boundary  of  the  city;  one  for  the  Anacostia  district,  to 
measure  all  wood  and  to  weigh  all  coal  landed  or  sold  on  or  near 
the  canal  south  of  N  street  south  and  east  of  Third  street  east,  and 
on  or  near  the  Anacostia  river;  and  one  for  the  Potomac  district, 
to  measure  all  wood  and  to  weigh  all  coal  landed  or  sold  on  or  near 
the  Potomac  River  between  the  Tiber  and  Anacostia  river. 

All  wood  corders  and  coal  measurers  appointed  under  this  act, 
previous  to  entering  upon  the  discharge  of  their  duties,  shall  each 
give  bond  in  the  sum  of  fifty  dollars,  with  surety  to  be  approved  by 
the  Mayor,1  for  the  faithful  discharge  of  the  duties  imposed  upon 
them  by  law,  and  shall  also  take  the  following  oath  or  affirmation 
before  a  justice  of  the  peace  for  the  County  of  Washington,  viz: 
"I,  A.  B.,  do  swear  (or  solemnly,  sincerely,  and  truly  declare,  or 
affirm)  that  I  will  diligently  and  truly  examine,  set  up,  pack,  and 
cord  all  firewood  and  weigh  and  measure  all  coal,  or  cause  the  same 
to  be  done  in  my  presence,  when  thereunto  required,  according 
to  the  best  of  my  skill  and  judgment,  and  according  to  law,  with- 
out fear,  favor,  affection,  malice  or  partiality.  So  help  me  God." 
Said  oath  or  affirmation  the  person  sworn  or  affirmed  shall  de- 
posit with  the  Register  of  this  Corporation. 

The  Mayor  *  is  hereby  authorized,  in  case  of  the  sickness,  ab- 
corders  and  coai  meas-  sence  or  temporary  inability  of  either  of  the  wood  corders  and  coal 
measurers  of  this  city,  to  appoint  suitable  persons  to  perform  all 
the  duties  of  such  wood  corder  and  coal  measurer  during  such  sick- 
ness, absence,  or  temporary  inability;  and  each  and  every  person 
so  appointed  shall  comply  with  all  the  requisites  of  law,  and  be  sub- 
ject to  all  the  conditions  and  penalties  prescribed  in  the  case  of 
regularly  appointed  wood  corders  and  measurers, 
sec.  4  as  amended  by  All  wood  brought  to  the  city  as  aforesaid  for  sale  shall  be  of  the 

act  Apl.  2,  1908,  Pub.  .  °  .  ,  * 

NO.  s3  following  description — that  is  to  say,  sound  and  free  from  decay 

Method    cf    packing          -ill  ,,  r  *      i.    •       i       ^.t.  i     j-  i_    ir      r 

and  measuring  wood  or  hollowness,  at  least  four  feet  in  length,  including  one-half  of 
the  kerf,  and  not  less  than  two  inches  diameter  at  the  small  end. 
It  shall  be  set  up,  packed,  and  corded,  under  the  direction  of  the 
District  wood  corder,  and  shall  be  measured  by  him;  every  cord  of 
wood  shall  be  eight  feet  in  length,  four  feet  in  breadth,  and  four 
feet  in  height,  well  stowed  and  packed;  the  straight  wood  to 
be  placed  together  in  the  lower  part  of  the  pile,  and  the  crooked 
wood  in  the  upper  part  of  the  pile;  and  the  said  wood  corders 
are  hereby  directed  to  make  the  proper  allowance  for  any  loss 
which  may  be  sustained  in  the  measure  of  the  crooked  wood;  all 
undersized,  hollow,  ,or  decayed  wood  shall  be  corded  separately 
and  apart  by  itself,  and  sold  as  unmerchantable.  All  wood 
brought  to  the  city  by  land  shall  be  subject  to  the  same  regula- 


Sec.  3 
Temporary  wood 


Cord  of  wood 


Defective  wood 


Act  Oct.  17,  1864 


1  Now  Board  of  Commissioners. 


District  of  Columbia  g- 

tions,  excepting  such  as  may  be  sold  by  the  wagon,  cart,  dray  or 
sledge  load.     The  wood  corders  for  their  trouble  in  examining  and 

j_i  111  •  •  -  o  *•*  Compensation 

measuring  the  same,  shall  receive  nine  cents  for  every  cord  oftowoodcorders 
wood  so  examined  and  measured  by  them,  to  be  paid  by  the  seller 
of  such  wood;  and  the  said  wood  corders  shall  not  cord  any  wood 
not  of  the  length  aforesaid,  but  the  same  shall  be  rejected  as  un- 
merchantable. 

If  any  person  bringing  or  sending  any  firewood  to  this  city  for  sec. 
sale  shall  sell  and  deliver  the  same  before  it  has  been  corded  andeSS 
measured  as  aforesaid,  except  as  aforesaid,  or  shall  neglect  or  re- 
fuse to  have  the  same  corded  and  measured,  such  person  shall  for- 
feit and  pay  two  dollars  for  the  use  of  the  city  for  every  cord  of 
wood  so  sold  and  delivered;  and  if  any  person  or  persons  shall  pur- 
chase and  receive  any  firewood  brought  to  the  City  of  Washing- 
ton for  sale,  except  as  aforesaid,  which  has  not  been  corded,  meas- 
ured, and  passed  by  one  of  the  said  wood  corders  aforesaid,  such 
person  or  persons  shall  forfeit  and  pay  two  dollars  for  the  use  of 
the  city  for  every  cord  of  wood  so  purchased  and  received. 

It  shall  be  the  duty  of  all  wood  and  coal  measurers  to  make   |eec-6rtg 
returns  of  all  the  wood  and  coal  measured  or  weighed  by  them 
respectively  along  the  line  of  the  Canal  to  the   Commissioner 
thereof,  at  such  periods  and  in  such  manner  as  he  may  from  time 
to  time  prescribe,  with  the  approbation  of  the  Mayor.1 

The  measurers  of  wood  and  the  weighers  of  coal  who  shall  be   officers   must   not 
appointed  in  conformity  to  this  law  shall  not,  during  their  con- deal  ln  coal  or  wood 
tinuance  in  office,  deal  or  traffic  in  the  aforementioned  articles, 
under  a  penalty  of  twenty-five  dollars  for  each  and  every  such 
offence;  nor  shall  any  person  employed  in  the  service  of  a  wood 
or  coal  dealer  be  eligible  to  the  office  of  wood  corder  or  coal 
measurer. 

That  hereafter  a  legal  cord  of  wood  in  the  District  of  Columbia  p^ctNoA83    2>   I90g 
shall  consist  of  and  contain  one  hundred  and  twenty-eight  cubic   sec.  i 

J        °  Legal   cord   01   wood 

feet.  constituted 

That  all  Acts  or  parts  of  Acts  in  conflict  with  or  inconsistent 
with  this  Act  are  hereby  repealed  in  so  far  and  only  in  so  far  as 
they  conflict  or  are  inconsistent  herewith. 

That-the  Commissioners  of  the  District  of  Columbia  be,  and  they   £*•  ^[es19'  19°6 
are  hereby,  authorized  and  empowered  to  make  such  regulations  Si4era0toimlke0reguial 
as  they  may  deem  proper  for  the  sale  of  the  use  of  the  public  tions  for;  prescribe  tees 
hay  scales  of  the  District  of  Columbia,  and  to  place  public  weigh- 
masters  in  charge  of  such  scales  when  deemed  necessary,  and  to 
prescribe  the  fees  to  be  paid  by  the  persons  using  such  scales  to 
the  said  weighmasters  for  services  rendered  by  them. 

1  Now  Board  of  Commissioners. 


84  Laws  Concerning  Weights  and  Measures 

55?0TeS£a?"D.  cp'     A11  nay  and  straw,  which  may  be  sold  by  weight  in  the  Dis- 
weight  tr^ct»  s^a^  ^e  so^  ky  ^  net  hundred,  and  every  twenty  hun- 


c  -4 


- 

Must  be  weighed  by 


strawales  °f  hay  andch"ed  pounds.net  weight  shall  be  a  ton. 

Webb's  Digest.  Act     All  hay,  straw,  fodder  and  oats  in  the  straw  brought  to  and 

Juseec3jl8s3  sold  within  the  District  of  Columbia,  whether  in  wagons,  carts, 

de^toybIsaid'brweightPac^aSes'   bundles,   or  otherwise,   shall  be  sold  by  weight  and 

public  hay  scales     weighed  in  one  of  the  several  scales  authorized  by  law,  and  the 

persons  obtaining  such  scales,  in  accordance  with  the  following 

provisions,  shall  have  the  exclusive  privilege  of  weighing  all  such 

hay,  straw,  fodder,  and  oats  in  the  straw. 

No  hay,  straw,  fodder,  or  oats  in  the  straw  shall  be  sold  in  the 

*  \ 

District  of  Columbia  unless  the  same  shall  be  previously  weighed 
by  one  of  the  duly  authorized  weighmasters,  and  a  certificate  of 
the  quantity  so  weighed  obtained,  under  a  penalty  of  not  more 
than  ten  nor  less  than  five  dollars  for  every  wagon  load,  cart  load, 
bundle,  bale,  or  package  so  sold,  to  be  recovered  of  the  seller  be- 
fore the  police  court. 
sec.  5  In  case  of  non-attendance  on  the  part  of  the  person  having 

Penally  for  absence    ,  £  ItT     •       j  it.  ri_-i_ 

during  hours  of  busi-  charge  of  any  of  the  authorized  scales,  by  reason  of  which  any 
person  wanting  hay,  straw,  fodder,  or  oats  weighed  shall  be  de- 
tained for  the  space  of  half  hour,  the  person  in  charge  shall 
forfeit  for  such  offense,  if  it  shall  take  place  between  the  hour  of 
six  A.  M.  and  six  P.  M.,  the  sum  of  not  more  than  ten  nor  less 
than  five  dollars,  to  be  recovered  as  other  fines  are. 

Persons  entitled  to  the  privileges  of  said  scales  shall  be  allowed 
and  receive  compensation  for  weighing  every  load  of  hay,  straw, 
fodder,  or  oats  in  the  straw,  weighing  five  hundred  pounds  or 
less,  ten  cents;  all  loads  between  five  hundred  and  two  thousand 
pounds,  thirty-five  cents;  and  for  each  and  every  bundle  or 
package  of  the  same,  two  cents,  to  be  paid  by  the  seller;  and  the 
said  owner  or  proprietors  shall  not  receive  any  other  fee  under 
the  penalty  of  five  dollars  for  each  and  every  offense. 
certificate  of  gross  It  shall  be  the  duty  of  the  weigher  of  hay,  straw,  fodder  or  oats 

weight  required  m  ^he  straw  weighed,  to  give  a  certificate  describing  the  gross 
weight  of  the  hay,  straw,  fodder,  or  oats  in  the  straw,  with  the 
wagon,  and  all  the  pieces  that  are  used  in  securing  the  same  in 
the  wagon  ;  also  the  weight  of  the  wagon  and  pieces,  and  the  net 
weight  of  the  hay,  straw,  fodder,  or  oats  in  the  straw  so  weighed, 
and  it  shall  be  the  duty  of  the  weighers  of  hay  to  brand  with  the 
letters  W.  C.  all  wagons,  carts,  or  other  vehicles  used  in  bringing 
hay,  straw,  fodder,  or  oats  in  the  straw  for  sale;  also  all  the  pieces 
of  wood  used  in  securing  said  hay,  straw,  fodder,  or  oats  in  the 
straw,  and  to  number  the  same  and  to  place  the  number  in  cer- 
tificate; in  .case  the  wagon  shall  not  be  in  practice  of  bringing  hay, 
the  weighers  may  dispense  with  the  marking  of  the  pieces,  pro- 


District  of  Columbia  3c 

vided  the  certificate  is  not  given  to  the  wagon  and  pieces  are  re- 
weighed,  and  whenever  any  hay,  straw,  fodder,  or  oats  in  the  in?"owance  **  pack" 
straw  shall  be  weighed  by  the  package  or  bundle,  it  shall  be  the 
duty  of  the  weigher  to  allow  five  pounds  of  wood  to  each  one  hun- 
dred pounds  of  hay ;  the  gross  and  net  weight  in  the  body  of  the 
certificates  given  by  the  weigher  shall  be  written  at  full  length, 
and  shall  be  set  down  in  figures  in  the  margin  of  said  certificates. 

The  above  articles  shall  be  weighed  and  sold  at  the  rate  of  one  Sec- 8 
hundred  pounds  for  every  hundred  weight,  that  in  all  cases  the  i°o  i^uJdf  Tolled' 
weigher  and  deputies  shall  be  sworn,  and  the  weigher  shall  make 
a  sworn  quarterly  return  of  the  true  amount  received  in  each 
and  every  quarter,  and  the  amount  of  each  in  each  quarter,  and 
the  quarters  shall  be  construed  to  be  and  terminate  severally  on 
the  thirty-first  of  March,  thirtieth  of  June,  thirtieth  of  Septem- 
ber, and  thirty-first  of  December,  in  each  and  every  year,  and  if 
either  of  the  weighers  shall  fail  to  make  the  returns  required  by 
this  act  for  a  longer  period  than  ten  days  after  the  expiration  of 
each  quarter,  it  shall  be  the  duty  of  the  Commissioners  (Gov- 
ernor) to  annul  the  privilege  of  said  weigher  or  weighers,  and 
it  shall  be  his  duty  also  to  make  any  allowance  he  shall  think  just 
on  account  of  the  hay,  and  so  forth,  being  wet,  and  for  each  and 
every  breach  of  law,  not  otherwise  provided  for  by  either  of  the 
weighers  of  hay,  straw,  fodder,  or  oats  in  the  straw,  he  shall  pay 
a  sum  of  not  less  than  two  nor  more  than  ten  dollars. 

The  sealers  of  weights  and  measures  shall  quarterly  examine   1^.  . 
and  adjust  the  hay  scales,  and  shall  be  paid  1  one  dollar  by  each  jus«ng  hay  scales 
weigher  of  hay  for  such  services,  and  the  attention  of  the  police 
shall  be  directed,  and  they  shall  be  required  to  note  and  make 
report  of  all  violation  of  this  law. 

Annually,  on  or  about  the  tenth  day  of  July  the  Commissioners    Illusive  right  to  use 
(Governor)  shall,  after  at  least  five  days'  public  notice  sell  to  the  J»ay  scales 
highest  bidder  the  exclusive  right  and  privilege  of  using  public 
scales,  all  hay,  straw,  fodder,  and  live  cattle  which  may  be  sold  in 
said  District  of  Columbia,  which  said  right  or  privilege  shall  con- 
tinue only  for  the  term  or  period  which  may  be  designated  at  the 
time  of  said  sale,  but  not  exceeding  two  years. 

The  person  or  persons  who  shall  be  the  highest  bidder  or  bid-   f^nent  0,  amount 
ders  at  such  sale  or  sales,  and  who  shall  thereby  become  entitled of  bid 
to  said  right  or  privilege,  as  aforesaid,  shall,  before  entering  upon 
the  duty  of  weighmaster,  deposit  to  the  credit  of  the  general 
fund  the  amount  or  amounts  so  bid  by  him  or  them,  and  take  and 
subscribe  to  the  following  oath  or  affirmation,  before  some  person 

authorized  to  administer  the  same,  to-wit:  "I  -  ,  of  the  Dis-    °*th 

trict  of  Columbia,  do  solemnly  swear  (or  affirm,  as  the  case  may 

1  Amended  in  act  of  Congress,  authorizing  Commissioners  to  fix  schedule  of  fees. 


86  Laws  Concerning  Weights  and  Measures 

be,)  that  I  will  faithfully,  truly,  and  impartially,  according  to  the 
best  of  my  judgment  and  ability,  execute  and  perform  all  the 
duties  of  the  weighmaster  which  are  or  may  be  prescribed  by  law;" 
shall  be  filed  in  the  Register's  office,  and  said  weighmaster  shall 
also  give  bond,  with  two  sureties,  approved  by  the  Commissioners 
(Governor)  in  the  penal  sum  of  two  thousand  dollars,  conditioned 
to  pay  all  damages  that  may  be  sustained  by  reason  of  wilful 
omission,  refusal,  or  neglect  to  discharge  the  duties  of  his  office, 
which  are  or  may  be  prescribed  by  law  which  bond  shall  also  be 
filed  in  the  Collectors  (Register's)  office,  and  may  be  sued  upon 
by  any  person  injured  or  damaged  by  such  wilful  omission,  refusal, 
or  neglect. 

legal  rates  only  to  be  The  said  weighmaster  is  authorized  to  charge  and  receive  for 
charged  ftiQ  weighing  of  hay,  straw,  and  fodder,  the  rate  of  charge  pre- 

scribed by  law  and  no  more;  and  for  weighing  live  stock  at  the 

Fees  for  weighing  mj-e  of  one  cen^-  per  hundred  pounds,  which  said  several  fees  or 
charges  shall  be  paid  by  the  seller,  and  the  said  weighmaster  shall 
not  receive  any  other  or  greater  fees  or  charges,  under  penalty  of 
five  dollars  for  every  offense. 

sec.  i3  The  said  weighmaster  or  weighmasters  shall  keep  the  scales  in 

Scales  to  be  kept  in     1t  ,.,  •      j       •  •     j   r  !-•    t_ 

repair  all  proper  and  needful  repair  during  the  term  or  period  for  which 

Penalty  for  neglect    right  or  privilege  may  have  been  given,  and  any  neglect  or  omission 

to  provide  for  such  repairs  shall  operate  as  a  forfeiture  of  said 

right  or  privilege,  and  the  same  may  again  be  sold  for  the  benefit 

of  the  District  of  Columbia  for  the  said  unexpired  period.1 

weight  of  stock  or  ^  snan<  n°t  be  lawful  for  any  person  or  persons  to  sell  or  offer 
feed  must  be  certified  for  saie  anv  hay,  straw,  fodder,  or  live  stock,  except  horses,  mules, 
milch  cows,  and  calves,  in  the  District  of  Columbia,  without  having 
the  same  weighed  as  aforesaid,  and  a  certificate  of  the  weight 
thereof  obtained,  under  the  penalty  of  five  dollars  for  each  and 
every  offense. 

cut  hay  to  be  sold  by  I*  snall  n°t  be  lawful  for  any  person  or  persons  to  sell  cut-hay  in 
wight  any  other  manner  than  by  weight,  and  any  person  or  persons 

offending  against  this  law  shall  forfeit  and  pay  to  the  District  of 
Columbia  the  sum  of  three  dollars  for  the  first,  and  five  dollars  for 
each  and  every  subsequent  offense;  all  fines  to  be  collected  and 
applied  as  other  fines  forfeited  to  the  District  of  Columbia. 
|eecpeyj  All  acts  or  parts  of  acts  which  may  be  inconsistent  with  the 

provisions  of  this  act  be,  and  the  same  are  hereby,  repealed. 


1  Congress  appropriates  $200  annually  for  the  care,  repair,  or  removal  of  scales. 


FLORIDA 


Whoever  knowingly  sells  by   false  weight  or  measure,   shall  t  Gen-  Stats-  '906-  p- 
be  punished  by  imprisonment  not  exceeding  six  months  or  by'3|       (**j*> 
fine  not  exceeding  one  thousand  dollars.  seii3i7nsg  by  false 

Whoever  refuses  to  have  his   weights  and  measures  tested,  Ws£t57"  m' 


or  refuses  to  pay  the  fees  for  the  same,  or  whoever,  after  his 
weights  and  measures  have  been  tested,  fails  to  make  them  con- 
form to  the  standard,  and  keep  them  conformed,  shall  be  pun- 
ished by  imprisonment  not  exceeding  sixty  days  or  by  fine  not 
exceeding  one  hundred  dollars. 

The  following  standard  of  weights  and  measures  shall  be  the   Gen.  stats.,  1906,  P. 
standard  of  weights  and  measures  throughout  the  State:  5l6       (l(w) 

One  standard  bushel  shall  contain  2,1502/5  solid  inches.     One   Itandard  bushel  and 
liquid  gallon  shall  contain  231   solid  inches.     The  weights  and*allon 
measures  shall  be  as  follows  :  1 


Lbs.  av.  per  bush. 

Wheat 60 

Corn,  shelled 56 

Corn  on  cob  with  shuck 70 

Sorghum  seed 56 

Barley  seed 48 

Oats 32 

Bran 20 

Corn  meal 48 

Beans,  shelled 60 

Beans,  velvet,  in  hull 78 

Beans,  castor,  shelled 48 

Millet  seed 50 

Beggarweed  seed 62 

Irish  potatoes 60 

Sweet  potatoes 60 

Turnips 54 


Lbs.  av.  per  bush. 

Onions  efi  Weights  of  legal 
Unions 5°  bushel  of  certain  prod- 
bait 60  ucts 

Peanuts 22 

Chufas 54 

Rye 56 

Apples,  dried 24 

Apples,  green 48 

Quinces 48 

Peaches,  dried 33 

Peaches,  green 54 

Cotton  seed 32 

Cotton  seed,  Sea  Island 46 

Plums .40 

Pears 60 

Guavas 54 


All  contracts  hereafter  made  within  this  State  for  work  to  be   sec.  1242 
done  or  anything  to  be  sold  or  delivered  by  weight  or  measure  andtamwJresWto^ 
shall  be  taken  and  construed  according  to  the  standard  of  weights  used  m  contracts 
and  measures  hereby  adopted  as  the  standard  of  this  State. 

All    merchants,    commission    merchants,    grocers,    provision    Gen.  stats.,  1906,  ch. 
dealers,  store-keepers  and  other  persons,  before  selling  or  offering I9>  p' 527(J(X>I) 
for  sale  any  grain,  flour,  meal,  grits,  corn,  wheat,  rye,  oats,  bran,    weignfto  be  marked 
beans,   Irish  potatoes,   sweet  potatoes  or  peanuts,  already  put on  8acks  of  grata>  etc- 


For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  these  articles. 

87 


88  Laws  Concerning  Weights  and  Measures 

up,  packed  or  placed  in  any  sack,  bag  or  barrel,  in  original  pack- 
ages shall  have  marked  or  stamped  or  stenciled  upon  such  sack, 
bag  or  barrel,  so  sold  or  offered  for  sale,  with  its  contents  in 
figures,  at  least  one  inch  in  length,  the  exact  weight  in  pounds 
avoirdupois  of  such  bag,  sack  or  barrel,  with  its  contents.  If 
the  bag,  sack  or  barrel  is  of  a  dark  or  black  color  such  figures  shall 
be  marked,  stamped  or  stenciled  in  light  colored  ink  or  pencil ; 
if  the  bag,  sack  or  barrel  is  of  a  light  color,  then  the  marking, 
stamping  or  stenciling  shall  be  in  black  or  dark  pencil,  but  in 
all  cases  the  stamping,  marking  or  stenciling  shall  be  plain, 
legible,  and  placed  conspicuously  on  such  bag,  sack  or  barrel. 

sec.  3354  Any  merchant,  commission  merchant,  grocer,  provision  dealer, 

storekeeper  or  other  person,  or  any  officer,  agent,  clerk  or 
employee  of  any  merchant,  commission  merchant,  grocer,  pro- 
vision dealer  or  storekeeper  wrho  shall'  offer  for  sale,  attempt  to 
sell  or  sell  any  of  the  articles  mentioned  in  section  1243,  already 
put  up,  placed  or  packed  in  any  sack,  bag  or  barrel,  in  original 
packages,  without  having  such  sack,  bag  or  barrel  marked, 
stamped  or  stenciled  as  in  the  manner  herein  prescribed  before 
offering  for  sale,  attempting  to  sell  or  selling  the  same,  shall 
be  punished  by  fine  not  exceeding  two  hundred  dollars  for  each 
offense,  or  by  imprisonment  not  more  than  three  months. 

Laws,  1911,  ch.  6122     That  it  shall  be  unlawful  for  any  person  to  manufacture,  sell, 

penalty  for  violation  keep  or  offer  for  sale,  within  the  State  of  Florida,  any  article  of 
food,  drugs,  medicines  or  liquors  which  is  adulterated  or  mis- 
branded,  or  which  contains  any  poisonous  or  deleterious  substance 
within  the  meaning  of  this  Act ;  and  any  of  the  persons  who  shall 
violate  any  of  the  provisions  of  this  Act  shall  be  guilty  of  a  mis- 
demeanor, and  for  each  offense  shall,  upon  conviction  thereof,  be 
fined  not  to  exceed  One  Thousand  Dollars,  or  shall  be  sentenced 
to  not  more  than  one  year's  imprisonment,  or  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court,  and  for  each  subse- 
quent offense,  and  on  conviction  thereof,  shall  be  fined  not  exceed- 
ing Two  Thousand  Dollars,  or  sentenced  to  not  more  than  two 
years'  imprisonment,  or  both  such  fine  and  imprisonment,  in  the 
discretion  of  the  court. 

sec.  5  That  the  term  "misbranded"  as  used  herein  shall  apply  to  all 

e  drugs,  or  articles  of  food,  or  articles  which  enter  into  the  composi- 
tion of  food,  the  package  or  label  of  which  shall  bear  any  statement, 
design  or  device  regarding  such  article  or  the  ingredients  or  sub- 
stances contained  therein  which  shall  be  false  or  misleading  in 
any  particular,  and  to  any  food  or  drug  product,  which  is  falsely 
branded,  as  to  the  State,  Territory  or  Country  in  which  it  is  mar.u- 


Florida 

factured  or  produced.     That  for  the  purpose  of  this  Act  an  article 
shall  also  be  deemed  to  be  misbranded — 

*  *     * 

In  Case  of  food: 

*  *     * 

Third — If  in  package  form,  the  net  contents  of  the  package  are   Net  wei8ht  °r 
not  correctly  stated  in  terms  of  weight  or  measure,  conspicuously, "" 
legibly  and  correctly,  on  the  outside  of  the  package. 

Every  bag,  barrel,  or  other  package  of  commercial  feeding  stuff,    Gen.  stats.,  tgo6.  cn. 
manufactured,  sold  in,  or  imported  into  this  state,  shall  have S452>  p- 1^£05') 
securely  attached,  a  tag  or  label,  plainly  printed  thereon,  the   weight  to  be  marked 
number  of  net  pounds  of  commercial  feeding  stuff  in  the  package, on  Packages  of  feeding 
the  name,  brand,  or  trade  mark  under  which   the  commercial S" 
feeding  stuff  is  sold,  the  name  and  address  of  the  manufacturer 

The  sheriffs  of  the  counties  of  this  state  are  hereby   Sheriff  authoriZed  to 
authorized,  and  it  is  hereby  made  their  duty  to  seize  and  sell  atj|Jij£an£sellwhennot 
public  sale,  each  and  every  bag,  barrel  or  package  of  commercial 
feeding  stuffs  manufactured,  imported  into,  or  sold  in  this  state 
which  shall  not  have  securely  attached  the  tag  or  label  and  stamp 
mentioned  in  this  section;  Provided,  That  should  the  owner  show 
to  the  satisfaction  of  the  sheriff  such  tag  or  label  or  stamp  had  been 
attached,  and  the  same  had  become  detached,  the  sheriff  shall 
release  the  same  without  cost  to  the  owner.     *     *     * 

Doyle's  rule  and  log  book  for  the  measurement  of  saw  logs  is  20Gen-Jtats- I9o6>  ch- 
adopted  as  the  standard  rule  for  the  measurement  of  saw  logs,    gec  I2(l55<>) 
whether  round  or  square,  which  are  required  to  be  scaled  or  meas-   Doyie?s  rule  tor  meas- 
ured within  the  limits  of  this  state. 

Whoever  buys  or  sells  any  logs  or  square  timber  by  any  other  g  Gen.  stats.,  i906,  ch. 
measure  or  scale  than  Doyle's  rule  and  log  book,  or  if  any  timber  'j£**W 
inspector  wilfully  makes  return  of  any  inspection  scale  or  meas-   Penalty0 
urement  of  timber  except  according  to  said  book,  shall  be  pun- 
ished by  fine  not  exceeding  two  hundred  dollars  for  each  offense, 
or  by  imprisonment  not  exceeding  six  months.     When  it  is  mutu- 
ally agreed  between  the  buyer  and  seller,  another  than  Doyle's 
rule  book  may  be  adopted  and  a  survey  can  be  made  by  a  party 
other  than  a  commissioned  inspector. 


GEORGIA 


The  legal  weight  of  the  following  articles  or  commodities  per,  Code'I9II-vo1-1 

icT-l^l    chc.11   K^   oc   fa11m.ro-  1  *        "$*•  l8*°>  l894.  * 


bushel  shall  be  as  follows : 


Wheat 

Shelled  corn.  . .  . 
Corn  in  the  ear . 

Peas 

Rye 

Oats 

Barley 

Irish  potatoes.  . . 
Sweet  potatoes . 
White  beans .  .  . 

Clover  seed 

Timothy-seed .  . 

Flaxseed 

Hempseed 

Blue-grass  seed.  , 


Pounds. 
60 

•  56 
70 
60 

•  56 
32 
47 
60 

55 
60 
60 
45 

•  56 
44 
14 


Pounds. 

Buckwheat 52 

Dried  peaches  (unpeeled) 33 

Dried  peaches  (peeled) 38 

Dried  apples 24 

Onions 57 

Stone  coal g0 

Unslacked  lime 80 

Turnips 55 

Corn  meal,  bolted  or  unbolted 48 

Wheat  bran -. .  2o 

Cotton  seed 30 

Ground  peas 25 

Plastering  hair 8 

Rough  rice 43 

Tan  bark  per  cord 2, 250 


.  --„.  .906) 

Sec.  1880 

Weight  per  bushel 


Cord 


The  ordinaries  must  procure  for  their  respective  counties  a 
marking  instrument,  seal  or  stamp,  for  the  purpose  of  marking  all 
weights  and  measures  which  they  may  find  not  to  weigh  or  measure 
less  than  the  standard  established  by  the  Congress  of  the  United 
States,  which  is  the  standard  of  this  State. 

All  persons  engaged  in  selling  by  weights  and  measures  shall 
apply  to  the  ordinaries  of  their  respective  counties  and  have  their 
weights  and  measures  so  marked,  and  default  thereof  shall  not 
collect  more  than  three-fourths  of  any  account,  note,  or  other 
writing,  the  consideration  of  which  is  any  commodity  sold  by  their 
weights  and  measures:  Provided,  this  section  shall  not  apply  to 
any  person  selling  by  weights  and  measures  who  has  applied  to  the 
ordinary  of  his  county  and  found  that  the  county  has  not  been 
supplied  with  the  necessary  standards  for  testing  weights  and 
measures. 

Any  citizen  may  complain  to  the  ordinary  of  the  deficiency  of 
any  weights  and  measures,  whether  marked  or  not,  and  when 
done  it  is  the  duty  of  said  ordinary  to  notify  the  person  complained  weig 
of,  and  give  him  the  name  of  the  complainant,  and  specify  a  day, 
not  more  than  ten  days  distant,  when  he  shall  submit  his  weights 


Sec.  is 
Seal 


(1853-4, 1866, 1893) 
Sec.  1883 
Penalty 


(1853-4) 

Sec.  1883 

Selling   by   deficient 


1  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  these  articles. 

91 


92  Laws  Concerning  Weights  and  Measures 

and  measures,  to  the  test  of  the  ordinary,  and  if  the  complaint 
is  found  to  be  true  within  the  seller's  knowledge,  he  shall  be 
deemed  a  person  selling  by  false  weights  and  measures,  and  shall 
be  presented  by  the  grand  jury  as  such,  if  no  person  appears  and 
indicts. 

Itandards  to  be  pro-      The  Governor  shall  procure  standards  of  weights  and  measures 
cured  for  each  county  which  does  not  have  them,  and  they,  together 

with  the  marks  provided  by  the  ordinary,  shall  be  kept  in  his  office 
for  the  inspection  of  the  citizens. 

ordinary  to  give  no-     When  such  standards  are  obtained,   it  is  the  duty  of  such 
«ce  ordinary  to  give  sixty  days  written  notice  thereof  at  the  door  of 

the  court-house,  and  in  the  public  gazette  where  the  sheriff  of  the 
county  advertises  his  sales. 

code,  1911,  vol.  i,      Every  barrel  of  soft  turpentine   shall  be  formed  of  good  and 

P'SW.  i84o  sufficient  staves,  three-quarters  of  an  inch  thick,  not  exceeding 

tine%ruaW°orf,  e?c?en~ nve  mcnes  wide,  not  less  than  thirty  nor  more  than  thirty-two 

inches  long;  the  head  not  less  than  one  nor  more  than  one  and  a 

half  inches  thick,  and  the  barrel  secured  with  twelve  good  hoops. 

sec.  1843  3.  All  square  timbers  shall  be  measured  as  follows:  The  length 

shall  be  counted  from  pinhole  and  the  size  from  the  middle  of  the 
stick,  taking  the  smallest  side  and  the  face,  throwing  off  frac- 
tions, and  allowing  one-half  of  the  wane-edge  on  the  side  and 
face;  and  other  flatted  timber,  usually  known  as  saw  or  mill 
logs,  shall  be  measured  one- third  from  the  smallest  end. 

cord  of  firewood  9-  Every  cord  of  fire-wood  shall  measure  eight  feet  in  length, 

four  in  breadth,  and  four  in  height.  Any  person  to  whom  such 
wood  is  offered  for  sale,  who  may  suspect  any  deficiency,  shall 
have  the  right  to  have  the  same  measured  and  corded  by  any 
sworn  inspector  or  measurer  of  the  place,  and  in  case  of  any 
deficiency  appearing,  the  seller  shall,  besides  paying  the  fees  of 
the  inspector,  make  good  the  deficiency  without  delay,  or  forfeit, 
before  any  court  having  jurisdiction,  the  sum  of  two  dollars  for 
every  cord  so  deficient;  in  case  of  no  deficiency  appearing,  the 
fees  of  the  inspector  or  measurer  shall  be  paid  by  the  buyer. 
The  corporate  authorities  of  any  town  or  city  may  make  such 
further  regulations  on  this  subject  as  to  them  shall  appear  proper 
to  insure  the  objects  of  this  section. 
(1*75, 1876, 1889)  It  shall  not  be  lawful  for  any  scalesmen,  salesmen,  or  other 

l^aiesien,  weighers  Person>  *n  any  °^  tne  cities>  towns,  or  villages  of  this  State,  to 
becs°worn  ""*  ******  io  weigh  any  bale,  bag,  or  package  of  cotton,  tierce  or  half  tierce  of 
rice,  or  any  other  article  of  produce  disposed  of  by  weight,  with- 
out first  taking  and  subscribing  an  oath,  before  some  person  au- 
thorized by  law  to  administer  it,  that  he  will  justly,  impartially, 
and  without  deduction,  weigh  all  such  cotton  and  all  other  arti- 
cles of  produce  disposed  of  by  weight  that  may  be  shown  to  him 


Georgia  ~  „ 

for  that  purpose,  and  tender  a  true  account  thereof  to  the  party 
or  parties  concerned,  if  so  required. 

The  weigher  may,  nevertheless,  make  such  deduction  for  wet,  sec.  is4S<> 
or  other  cause,  as  may  be  reasonable,  when  the  seller  or  his  agent  co«onduc 
shall  thereto  consent:  provided,  that  if  the  weigher,  with  the  Forbagging 
consent  of  the  seller  or  his  agent,  makes  a  deduction  from  the 
gross  weight  of  any  bale,  bag,  or  package  of  cotton  because  of  the 
bagging  and  fastenings  on  said  bale,  bag,  or  package,  the  deduc- 
tion shall  be  not  more  than  twenty-four  pounds  if  it  is  covered 
with  jute  bagging,  and  not  more  than  sixteen  pounds  if  it  is  cov- 
ered with  cotton  bagging,  except  in  the  case  of  any  bale,  bag,  or 
package  of  cotton  not  fastened  with  iron  ties  nor  with  ropes,  in 
which  case  the  deduction  shall  be  not  more  than  ten  pounds  if  it 
is  covered  with  jute  bagging,  and  not  more  than  five  pounds  if  it 
is  covered  with  cotton  bagging.  And  in  every  case  in  which  a 
deduction  is  made  from  the  gross  weight  of  any  bale,  bag,  or 
package  of  cotton  because  of  the  bagging  and  fastenings  on  said 
bale,  bag,  or  package,  the  weigher,  in  tendering  the  true  account 
thereof  to  the  party  or  parties  concerned,  shall  state  the  gross 
weight  of  each  bale,  bag,  or  package,  and  also  the  number  of 
pounds  deducted  for  bagging  and  fastenings,  and  the  net  weight. 

That  from  and  after  the  approval  of  this  Act,  it  shall  be  unlawful  J£**f£*"'  act 
for  any  person,  firm  or  corporation  engaged  in  the  business  of  %^Mon  0{  weigh, 
buying  cotton  in  this  State,  as  principal  or  agent,  to  deduct  any  of  bagging  and  ties  pro- 

<•  1    ,  •         r  •    1   -  •  f  i_    1         r  Woited,  when 

sum  for  bagging  and  ties  from  the  weight  or  price  of  any  bale  01 
cotton  when  the  weight  of  the  bagging  and  ties  does  not  exceed 
six  per  cent,  of  the  gross  weight  of  such  bale  of  cotton.  In  the 
event  that  the  weight  of  the  bagging  and  ties  exceed  six  per  cent, 
of  the  gross  weight  of  such  bale  of  cotton,  only  the  excess  over 
the  said  six  per  cent,  may  be  deducted. 

For  each  and  every  violation  of  this  Act,  the  offender  shall  be 
guilty  of  a  misdemeanor  and  shall  be  fined  in  any  sum  of  not 
less  than  twenty-five  dollars,  nor  more  than  fifty  dollars,  or  im- 
prisoned not  less  than  fifteen  days,  nor  more  than  thirty  days. 
Provided,  this  Act  shall  not  apply  to  what  is  known  in  the  trade  Jg?  * 
as  round  bales,  and  bales  of  cotton  which  weigh  less  than  three 
hundred  pounds. 

That  all  laws  or  parts  thereof  in  conflict  with  this  Act  are  hereby   |££, 
repealed. 

The  tare  to  be  allowed  on  rice  shall  be  the  actual  tare,  as  nearly  4gcode,  i9n.  vol.  i,  P. 
as  can  be  determined,  except  in  cases  of  the  sale  of  a  single  tierce, 4  s^*^ 
half  tierce,  or  barrel  where  a  tare  of  ten  per  centum  shall  be 
allowed,  unless  otherwise:  agreed  on  between  the  buyer  and  seller. 

In  other  cases  where  tare  is  usually  allowed,  the  actual  tare,  as    f^'another  articles 
nearly  as  the  same  can  be  ascertained,  shall  be  allowed,  except 


94  Laws  Concerning  Weights  and  Measures 

where  the  seller  and  purchaser  may  expressly  agree  upon  a  differ- 
ent rule. 

Ifo0'  deduction  to  be  ^  sna^  no^  ^e  lawful  for  any  purchaser  or  weigher  to  make  any 
made  for  turn  of  scales,  deduction  from  the  weight  of  any  article  for  or  on  account  of  the 
draft  or  turn  of  the  scales  or  steelyard,  under  the  penalty,  for 
every  such  offense,  of  five  hundred  dollars,  to  be  recovered  in 
any  court  having  jurisdiction,  one- half  to  go  to  the  informer  by 
whom  the  suit  may  be  brought,  and  the  other  half  to  the  use  of 
the  county  where  the  offense  may  be  committed. 

corporate  authorities  The  corporate  authorities  of  all  cities  and  towns  may  make 
may  make  further  rules  sucn  further  regulations  for  the  weighing  of  produce  of  all  de- 
scriptions, including  fees  for  weighing,  as  in  their  judgment  may 
tend  to  effect  the  objects  of  the  foregoing  provisions,  and  the 
ordinaries  of  the  respective  counties  shall  have  the  same  power, 
to  be  exercised  outside  the  jurisdiction  of  said  incorporated  cities 
or  towns;  but  until  altered  by  said  authorities  or  ordinaries,  fees 
for  weighing  shall  be  such  as  are  now  fixed  by  law. 

CodV|"'  />48?          ^  snau<  be  the  duty  of  each  and  every  miller  or  manufacturer  of 

sec.  1865°^  flour  or  corn-meal  (and  every  merchant  or  dealer) .  offering  for 

Number    of    pounds        •'•«_.•<  i  •     ,,      1  •  «     i 

stamped  on  each  sack  sale  said  articles,  to  stamp  or  have  printed  on  each  sack  in  which 
either  of  said  articles  are  packed,  in  plain  figures  not  less  than  one 
and  one-half  inches  in  length,  the  exact  number  of  pounds  of 
flour  or  corn-meal  contained  therein:  Provided,  the  provisions  of 
this  section  shall  not  apply  to  grist  ground  for  toll. 

sec  i86/p°6)  ^  flour,  grits  and  corn-meal  packed  in  barrels  or  half-barrels 

Fiour,  grits  and  com  made  of  any  material,  or  any  package  made  of  wood  or  metal  in 

marked°w  pacl  ld  which  flour,  grits,  or  corn-meal  are  or  may  be  offered  for  sale,  shall 
be  well  made  and  of  good  material;  shall  have  the  net  weight  of 
flour,  grits,  or  meal  plainly  marked  in  the  head,  top,  or  side  of  the 
barrel  or  package  with  a  stencil,  or  paper  label  or  pencil,  with  let- 
ters and  figures  not  less  than  one  inch  in  length,  and  the  tare 
marked  on  the  reverse  end  or  side  of  the  barrel  or  package  in  like 
manner. 
weight8  in  barrels  Hvery  miller,  bolter,  blender,  or  mixer,  or  other  person  who 

and  sacks  "   manufactures  or  who  buys  flour,  grits,  or  corn-meal  for  the  pur- 

pose of  repacking,  shall  put  into  each  barrel  the  full  quantity  and 
weight  of  one  hundred  and  ninety-six  pounds  of  flour,  grits,  or 
corn-meal,  and  shall  put  into  each  half-barrel  the  quantity  and 
weight  of  ninety-six  pounds  of  flour,  grits  or  corn-meal. 

When  flour,  grits,  or  corn-meal  is  packed  in  sacks,  the  gross 
weight  shall  be  as  follows:  Sacks  containing  140  pounds,  sacks 
containing  280  pounds,  half -barrel  sacks  96  pounds,  quarter-barrel 
sacks  48  pounds,  eighth-barrel  sacks  24  pounds,  sixteenth-barrel 
sacks  12  pounds,  thirty-second-barrel  sacks  6  pounds. 

varia'ttons  in  weight     From  the  weights  above  specified  variations  for  inaccuracies 
will  be  allowed  as  follows :  On  all  packages  weighing  ninety  pounds 


Georgia  g,. 

or  over,  an  allowance  of  one-fourth  of  one  per  cent.,  and  on  all 
packages  smaller  than  ninety  pounds  an  allowance  of  one-half  of  one 
per  cent.,  less  than  the  weight  specified  in  the  preceding  section. 

It  shall  be  unlawful  for  any  person  to  pack  for  sale,  sell,  or  offer   sec.  i870 
for  sale  any  corn  meal  except  in  bags  or  packages  containing  bym£keakage8'  how 
standard  weight  two  bushels,  or  one  bushel,  or  one-half  bushel,  or 
one-fourth,  or  one-eighth,  bushel,  respectively.     Each  bag  or  pack- 
age of  corn-meal  shall  have  plainly  printed  or  marked  thereon, 
whether  the  meal  is  "bolted"  or  "unbolted,"  the  amount  it  con- 
tains in  bushels  or  fractions  of  a  bushel,  and  the  weight  in  pounds : 
Provided,  the  provisions  of  this  section  shall  not  apply  to  the 
retailing  of  meal  directly  to  customers  from  bulk  stock,  when  priced 
and  delivered  by  actual  weight  or  measure. 

If  any  person  shall  pack  flour  in  an  old  barrel  which  may  have   sec.  i87;° 
been  marked  and  branded  as  aforesaid,  and  which  shall  still  havefl<mrau 
the  brand  of  the  inspector  thereon,  or  shall  otherwise  fraudulently 
pack  flour  for  sale,  such  person  or  persons  shall  forfeit  and  pay  the 
sum  of  twenty  dollars  for  every  barrel  so  packed,  to  be  recovered 
by  an  informer  before  any  justice  of  the  peace,  or  other  court  hav- 
ing jurisdiction  thereof — one-half  of  such  penalty  to  go  to  the 
informer,  and  the  other  half  to  the  miller  or  manufacturer  injured 
by  such  false  packing. 

If  any  scalesman,  salesman,  or  other  person  engaged  in  the  a  PC™I  Code.  i9n, vol. 
business  of  weighing  cotton  bales,  shall  charge  or  receive  more   ^rfpmr.jiw) 
than  ten  cents  per  bale  for  weighing  the  same,  or  charge  or  receive,    inVgai  charge  for 
for  reweighing  any  bale  of  cotton  which  has  once  been  taxed  tenwe 
cents  for  weighing,  more  than  five  cents  for  such  reweighing,  he 
shall  be  guilty  of  a  misdemeanor. 

If  any  miller  or  manufacturer  of  flour  or  corn-meal,  or  any  mer-2  Penaicode,i9n,voi. 
chant  or  dealer  offering  said  articles  for  sale,  shall  fail  to  stamp  or  ' ' Q£8*£  1890-91) 
have  printed  on  each  sack  in  which  either  of  said  articles  is  packed,    wights  to  be 

.,  1      if  •       i  i         ..i  1      xi_     stamped   on   sacks   of 

in  plain  figures,  not  less  than  one  and  one-half  inches  in  length,  the  flour  and  meai,  etc. 
exact  weight  of  the  contents  thereof,  he  shall  be  guilty  of  a  mis- 
demeanor. 

The  preceding  section  shall  not  apply  to  grist  ground  for  toll,  nor   |^e^a 
to  millers,  merchants,  or  dealers,  selling  flour  or  meal  in  quantities 
less  than  a  full  sack,  or  in  any  quantities  when  sold  by  weight. 

Any  person  who  shall  violate  section  1870  of  the  civil  code,  re-   sec.,4 
lating  to  corn-meal,  shall  be  guilty  of  a  misdemeanor.  packaged eal>  weight ' 

Any  person  who  shall  violate  sections  1867,  1868  and  1869  of  the  f^6^  ^^ 
civil  code,  relating  to  packing,  marking,  and  weighing  flour,  grits, ™f*>£™ marked and 
and  corn-meal,  shall  be  guilty  of  a  misdemeanor. 

Any  person,  firm,  or  corporation  who  shall  sell  cottonseed  hulls   ^      **) 
in  bales  or  packages,  without  having  the  weight  thereof  pfc^ 
stamped  or  branded  on  each  bale  or  package,  shall  be  guilty  of  a 
misdemeanor. 


96 


Laws  Concerning  Weights  and  Measures 


Penal  Code,  1911,  vol. 

2,  P.   140 

Sec.  705 

Bakers  and  others 
selling  under  assize 

(1851-2, 1865-6) 
Sec.  706 

Selling  by  false 
weights  and  measures 

Penal  Code,  1911, 
vol.  2 

(1874) 

Sec.  709 

Putting  dirt  or  rub- 
bish into  cotton,  rice, 
etc. 


Laws,  1906,  art.  463, 
P- 83 
vSec.  5 
Misbranded 


Any  baker  or  other  person  selling  bread  under  the  assize  estab- 
lished by  the  corporation  of  any  city,  town,  or  village,  or  the  rules 
laid  down  by  law,  shall  be  deemed  a  cheat,  and  shall  be  punished 
as  for  a  misdemeanor. 

If  any  person  shall  knowingly  buy  or  sell  by  false  weights  or 
measures,  he  shall  be  deemed  a  common  cheat,  and  shall  be  pun- 
ished as  for  a  misdemeanor. 

Any  person  who  shall  put  or  cause  to  be  put  into  any  bale  of 
cotton,  vessel  of  sugar,  rice,  pork,  beef,  or  other  provisions,  wool, 
or  other  article,  prepared  for  market,  any  dirt,  rubbish,  or  other 
thing,  for  the  purpose  of  adding  to  and  increasing  the  weight  or 
bulk  of  said  cotton,  sugar,  rice,  beef,  pork,  or  other  provisions  or 
things,  shall  be  deemed  a  common  cheat,  and  shall  be  punished  by 
a  fine  equal  to  the  value  of  the  thing  thus  fraudulently  packed  or 
put  up,  and  imprisonment  and  labor  in  the  penitentiary  for  not  less 
than  one  year  nor  more  than  five  years.  The  bare  possession  or 
ownership  of  such  commodities,  so  fraudulently  packed  or  put  up, 
shall  not  of  itself  authorize  a  conviction,  where  sufficient  evidence 
of  knowledge  or  privity  on  the  part  of  the  owner,  or  the  person  in 
possession,  may  not  be  produced  on  trial. 

That  for  the  purposes  of  this  act  an  article  shall  also  be  deemed 
to  be  misbranded- 


Sec.  12 

Feeding    stuff 
condimental  feed. 


Branding 


Net 
stated 


weight    to 


Sec.  20 
Penalty 


In  case  of  food  : 

Third.  If  in  package  form,  and  the  contents  are  stated  in  terms 
of  weight  or  measure,  they  are  not  plainly  and  correctly  stated  on 
the  outside  of  the  package. 

and  That  every  lot  or  parcel  of  concentrated,  commercial  feeding- 
stuff  and  condimental  feed  used  for  feeding  domestic  animals  or 
poultry,  sold,  offered  or  exposed  for  sale  within  this  state,  shall  be 
registered  annually  with  the  Commissioner  of  Agriculture,  and 
shall  have  affixed  thereto,  or  printed  on  the  bag,  or  other  package, 
in  a  conspicuous  place,  on  the  outside  thereof,  a  legible  and  plainly 
be  printed  statement,  clearly  and  truly  certifying  the  number  of  net 
pounds  of  feeding-stuff  contained  therein;  Provided,  that  all  con- 
centrated commercial  feeding-stuffs  shall  be  in  standard  weight 
bags  or  packages  of  fifty,  seventy-five,  one  hundred,  one  hundred 
and  twenty-five,  one  hundred  and  fifty,  one  hundred  and  seventy- 
five  or  two  hundred  pounds  each,  also  the  name,  brand  or  trade- 
mark under  which  the  article  is  sold,  the  name  and  address  of  the 
manufacturer,  importer  or  jobber  *  *  *  . 

*  *  *  Any  violation  of  the  provisions  of  the  sections  of  this 
act  relating  to  feeding-stuffs  for  domestic  animals,  shall  be  pun- 
ished by  a  fine  not  exceeding  fifty  dollars,  or  imprisonment  not 
exceeding  thirty  days,  or  both  in  the  discretion  of  the  court. 


HAWAII 

It  shall  be  the  duty  of  the  Superintendent  of  public  works  to        (**<**.  *w) 
procure  a  standard  set  of  weights  and  measures;  and  he  shall  IOI3CV 
annually  (or  oftener  in  his  discretion)  cause  all  beams,  weights  and   iundaKi  weights  and 
measures  in  this  Territory,  used  by  persons  selling  any  goods,  SeathUee9wl?ghtstestand 
wares,  merchandise,  fruits,  vegetables  or  other  commodity,  to  be  [^easure9  of  ^  coun- 
tested,  at  the  place  where  used,  by  such  standard  weights  or 
measures,  and  to  seal  such  as  shall  be  found  true  with  the  capital 
letters  T.   H.     He  shall  in  like  manner  cause  to  be  tested  all    stamping 
beams,  weights  and  measures  which  shall  be  brought  to  him  to  be 
tested. 

The  charge  for  testing  any  beam,  weight  or  measure,  shall  be.  sec.  2688,  as  amended 
as  follows:  For  sealing  and  marking  every  beam,  fifty  cents;  formFees 
sealing   and   marking   every   measure   of   extension,   twenty-five 
cents;  for  sealing  and  marking  every  weight,  ten  cents;  for  sealing 
and  marking  every  liquid  or  dry  measure,  ten  cents ;  and  a  reason- 
able compensation  for  making  such  weights  and  measures  conform 
to  the  standard :  Provided,  however,  that  no  charge  shall  be  made 
for  more  than  two  inspections  of  the  same  beam,  weight  or  meas- 
ure, in  one  year.     All  fees  collected  under  this  Section  shall  be 
paid  into  the  Treasury  as  Government  Realizations. 

The  standards  of  weights  and  measures  shall  be  those  adopted,   f  he  standard  weights 
and  now  used,  or  that  may  be  adopted  and  used  by  the  United  *?d  measures  to  be 

-»,«».  '  *  those    of    the     u  nited 

States  of  America.  states 

Whenever  any  wheat,  rye,  Indian  corn,  barley  or  oats,  shall  be   fee.  2690 

,  1    .,  1        .,        i     ,  '     J  .  J  .  Standard    weight    of 

sold  by  the  bushel,  and  no  special  agreement  as  to  the  measure-  me  bushel  of  certain 
ment  shall  be  made  by  the  parties,  the  bushel  shall  consist  of** 
sixty  pounds  of  wheat,   of  fifty-six  pounds  of  rye,  of  fifty-six 
pounds  of  Indian  corn,  of  forty-eight  pounds  of  barley,  and  of 
thirty-two  pounds  of  oats. 

If  any  person  shall  sell  any  goods,  wares,  or  merchandise,  fruit,  ISJiSg1  for  selling 
vegetables,  or  other  commodity  whatsoever  by  any  beams,  weights, 
or  measures,  that  have  not  been  duly  sealed,  he  shall  be  fined  for 
each  offense  a  sum  not  exceeding  fifty  dollars;  and  any  person 
who  shall  be  injured  or  defrauded  by  the  use  of  any  such  beams, 
weights,  or  measures,  may  maintain  an  action  against  the  offender; 

8578°— 12 7  97 


98 


Laws  Concerning  Weights  and  Measures 


and  if  judgment  be  rendered  for  the  plaintiff,  he  shall  recover 
double  damages,  and  the  costs  of  suit. 

peecnattT  for  altering  Any  person  who  shall  wilfully  and  fraudulently  change  any 
beam,  weight  or  measure  after  the  same  shall  have  been  tested 
and  sealed,  shall  be  liable  on  conviction,  to  pay  a  fine  not  to 
exceed  Fifty  Dollars  for  each  such  offense. 

Whoever,  in  the  sale  or  purchase  of  any  merchandise  or  other 

Iaise3weight  or  meas-  property,  shall  use  any  false  weight  or  measure;  or  cheat  another 
by  the  fraudulent  use  of  any  legal  weight  or  measure  ;  as  for  exam- 
ple, by  dexterously  sliding  a  yard  stick,  or  by  putting  some  other 
thing  into  a  measure  partly  to  fill  the  same,  even  though  the 
vendee  and  vendor  be  present,  is  guilty  of  a  gross  cheat. 


"'  I9°s>c 


IDAHO 

The   Dairy  Food   and   Oil   Commissioner 1   shall  be   ex-officio    Rev- Codes- 1908,  P. 
inspector  and  sealer  of  weights  and  measures  and  shall  have  the**    (w-w) 
care  and  custody  of  the  authorized  public  standards  of  weights   teaieroi  weights  an<r 
and  measures.     He  shall  as  often  as  may  be  necessary  prove  byraeasures 
such  standard  all  weights  and  measures,  scales  and  beams,  which 
may  be  in  the  possession  of  any  person,  persons,  firm  or  corpora- 
tion doing  business  within  the  state,  and  shall  seal  such,  when 
found  to  be  accurate,  by  stamping  on  them  the  letter  "I",  which 
seal  he  shall  have  and  keep  for  that  purpose.     He  is  hereby  empow- 
ered to  enter,  during  business  hours,  into  any  place  of  business  or 
other  places  where  such  scales,  beams  or  measures  are  kept  or  are 
being  used,  for  the  purpose  of  inspecting  and  testing  the  same. 
The  State  inspector  and  sealer  of  weights  and  measures  shall 
receive  no  compensation  for  his  services,  but  shall  be  allowed 
actual  and  necessary  expenses  while  in  the  performance  of  his 
duties. 

The  standard  of  weights  and  measures  of  this  state  shall  agree   <       (zoos) 
exactly  with  the  standards  recognized  and  furnished  by  the  United   itendilds  of  weights 
States,  unless  otherwise  provided  for  in  this  chapter  and  shall,  for81"1  measures 
the  purpose  of  security  and  verification,  be  kept  in  the  custody  of 
the  State  sealer  and  inspector  of  weights  and  measures. 

The  standard  gallon  contains  231  cubic  inches. 

The  standard  quart  contains  57.75  cubic  inches.  uenitsS4of  measure- 

The  standard  pint  contains  28.875  cubic  inches. 

The  standard  gill  contains  7.21375  cubic  inches. 

The  standard  barrel  contains  31.50  gallons. 

The  standard  hogshead  contains  63  gallons. 

Beer  and  milk  measures  shall  contain  the  following  capacities :  ur^eer  and  milk  meas- 
The  gallon  shall  contain  282  cubic  inches;    the  half  gallon  shall 
contain  141  cubic  inches,  and  the  quart  one-half  as  much,  and  the 
pint  one-half  as  much  as  the  quart. 

The  hundred  weight  shall  consist  of  100  pounds  and  twenty  such   Hundred  weight 
weights  are  a  ton.     A  box  or  packet  of  apples  shall  contain  2 1 50.42    BOX  of  apples 
cubic  inches. 

Any  person,  persons,  firm  or  corporation  who  shall  use  any   see.  iS44 
scales,  beam,  weight  or  measure  falsely,  or  who  shall  mark  or   ] 

1  Office  abolished  and  duties  imposed  upon  the  dairy,  food,  and  sanitary  inspector  under  the  state 
board  of  health.    (Sess.  Laws,  1909,  p.  232.) 

99 


ioo  Laws  Concerning  Weights  and  Measures 

stamp  false  weight  or  measure  on  any  container,  package  or  cask, 
or  who  shall  sell,  offer  for  sale,  or  have  in  his  possession  for  sale 
any  article  which  does  not  conform  to  the  United  States  standard, 
or  the  standards  designated  in  this  chapter,  shall  be  guilty  of  a 
misdemeanor,  and,  upon  conviction,  shall  be  fined  not  to  exceed 
three  hundred  dollars,  nor  less  than  twenty-five  dollars  for  each 
offense,  or  imprisoned  in  the  county  jail  not  exceeding  ninety  days, 
nor  less  than  thirty  days. 

sec  1 4sWj)  ^e  perch  is  the  standard  of  measurement  of  stone  masonry  and 

Perch id  masonry     contains  sixteen  and  one-half  solid  feet. 

*'  (/00j)190  The  State  Board  of  Health  shall  appoint  a  dairy,  food  and  sani- 

bySew^iUwi.  i9o»,p.tary  inspector,  who  shall  hold  office  for  a  term  of  two  (2)  years  and 
2Jstate  Board  of  Health  who  shall  receive  a  salary  of  not  to  exceed  fifteen  hundred  dollars 
a°ndp^Lfytasrpe'ctord  ($I5oo-°°)  Per  annum  and  actual  and  necessary  expenses  to  be 

881817  paid  monthly  from  any  fund  in  the  State  Treasury  appropriation 

therefor,  and  the  said  inspector  shall  give  a  good  and  sufficient 
bond  in  the  sum  of  five  thousand  dollars  ($5000.00)  for  the  faith- 
ful performance  of  his  duty,  said  inspector  shall  act  under  the 
direction  of  the  state  board  of  health.  The  State  board  of  health 
sPIcet«porarydeputym"may  in  cases  of  necessity  appoint  temporary  deputy  inspector, 
who  shall  receive  not  to  exceed  four  dollars  ($4.00)  per  day  and 
expenses  from  any  funds  appropriated  to  the  State  board  of  health. 

Sec.  i  M6?aV amended     *     *     *     Every  person  or  corporation  who  shall  engage  in  the 
by  sess.  Laws,  1909,  P.  fousiness  of  purchasing  or  dealing  in  milk  shall  attach  in  a  per- 
g0 capatcit^ave  tag  manent  manner  to  each  can  furnished  by  him  or  the  producer,  a 
tag  containing  in  plain  figures  a  correct  statement  of  the  capacity 
thereof.     Any  neglect  or  failure  or  false  statement  on  the  part  of 
the  proprietor  or  manager  of  such  creamery,  cheese  factory,  dairy 
or  milk  vendor  or  milk  peddler,  shall  be  considered  a  misdemeanor, 
and  upon  conviction  thereof  the  person  guilty  shall  be  punished 
as  provided  in  Section  1149:     *     *     * 

Any  person,  manufacturer,  producer,  or  dealer  who  refuses  to 

Sec-1149  comply,  upon  demand,  with  the  requirements  of  the  preceding 

violations  section,  or  who  shall  obstruct  the  Dairy,  Food  and  Oil  commis- 

sioner in  the  performance  of  his  duties  under  this  chapter,  or  who- 

penaity  ever  violates  any  of  the  provisions  of  this  chapter,  shall  be  guilty 

of  a  misdemeanor,  and  upon  conviction,  shall  be  fined  not  exceed- 
ing one  hundred  dollars,  nor  less  than  twenty-five  dollars,  or  im- 
prisoned not  exceeding  ninety  nor  less  than  thirty  days,  or  both. 

violations  Any  person  found  guilty  of  manufacturing  or  offering  for  sale,  or 

selling,  any  adulterated,  impure,  or  misbranded  article  of  food, 
drink  or  illuminating  oil,  in  violation  of  the  provisions  of  this  chap- 

Penalty  ter  shall  be  adjudged  to  pay,  in  addition  to  the  penalties  herein- 

before provided  for,  all  the  necessary  costs  and  expenses  incurred 
in  inspecting  and  analyzing  such  adulterated  or  misbranded 


Rev.  Codes,  1908,  p. 


553 


Idaho  '-M  ,  ,  ,'•  •,./:'  '•••''  j  o'j  • 

articles,  which  said  person  may  have  been  found  guilty  of  manu-    Pro«edsfromconfls- 
facturing,  selling  or  offering  for  sale.     And  in  addition  thereto,  °a 
such  adulterated,  impure,  or  misbranded  article,  or  articles,  shall 
be  confiscated  and  upon  the  order  of  any  court  of  competent  juris- 
diction, the  Commissioner  shall  destroy  the  same;  Provided,  That -disposition  of 
in  case  the  legal  disability  which  exists  against  such  article,  or 
articles,  is  one  which  can  be  removed  by  proper  labeling,  the  Com- 
missioner shall  sell  the  same  and  pay  the  proceeds  into  the  State 
Treasury,  where  they  shall  be  placed  to  the  credit  of  the  dairy, 
food  and  oil  fund. 

A  false  weight  or  measure  is  one  which  does  not  conform  to  the  w«7) 

standard  established  by  the  laws  of  the  United  States  of  America.  *,  p°644    eSlI9o8>vo 

Any  person  who  knowingly  sells  any  goods,  wares  or  merchan-    taise7I°weights  and 
dise,  or  any  valuable  thing,  by  false  weight  or  measure,  or  know-  "sec"^ 
ingly  uses  false  measures  at  any  mill  in  taking  toll  for  grinding  corn,    SeUin8:  by 
wheat,  rye,  or  other  grain,  is  guilty  of  a  misdemeanor. 

Every  person  who  uses  any  weights  or  measures,  knowing  it  to   S?*?10;, 

t_       r    1          i_  -L-I-  xi-         •       j    r          j    j  •         •     •  i      •        UsmS  false  weights 

be  false,  by  which  another  is  defrauded  or  otherwise  injured,  is  or  measures 
guilty  of  a  misdemeanor. 

Every  person  who  knowingly  marks  or  stamps  false  or  short   lumping  false 
weight  or  measure,  or  false  tare,  on  any  cask  or  package,  or  know-  we>eh'  °n  packages 
ingly  sells  or  offers  for  sale,  any  cask  or  package  so  marked,  is 
guilty  of  a  misdemeanor. 

In  all  sales  of  coal,  hay,  and  other  commodities,  usually  sold  by   weight09  by  ton  or 
the  ton  or  fractional  part  thereof,  the  seller  must  give  to  the  pur- pound 
chaser  full  weight,  at  the  rate  of  two  thousand  pounds  to  the  ton; 
and  in  all  sales  of  articles  which  are  sold  in  commerce  by  avoirdu-  ^JJ1  welght  must  be 
pois  weight,  the  seller  must  give  to  the  purchaser  full  weight,  at 
the  rate  of  sixteen  ounces  to  the  pound.     Any  person  violating 
this  section  is  guilty  of  a  misdemeanor. 

Every  person,  association  or  corporation,  or  the  agent  of  any  per-    fraudulent  scales  for 
son,  association  or  corporation,  engaged  in  the  business  of  milling,  JS*1118  or  assayin« 
sampling,  concentrating,  reducing,  shipping  or  purchasing  ores,  who 
keeps  or  uses  any  false  or  fraudulent  assay  scales  or  weights  for  ascer- 
taining the  assay  value  of  ore,  knowing  them  to  be  false,  every  person 
so  offending  is  guilty  of  a  misdemeanor,  and  is  punishable  by  a  fine 
in  any  sum  not  exceeding  one  thousand  dollars,  or  by  imprison- 
ment in  the  county  jail  for  a  term  of  not  more  than  one  year,  nor 
less  than  one  month,  or  by  both  such  fine  and  imprisonment. 

Every  person,  corporation  or  association,  or  the  agent  of  any    fraudulent  alteration 
person,  corporation  or  association,  engaged  in  milling,  sampling,  °f  value  oi  ores 
concentrating,  reducing,  shipping  or  purchasing  ores  in  this  State, 
who  in  any  manner  knowingly  alters  or  changes  the  true  value  of 
any  ores  delivered  to  him  or  them,  so  as  to  deprive  the  seller  of  the 
result  of  the  correct  value  of  the  same,  or  who  issues  any  bill  of  sale 
or  certificate  of  purchase  that  does  not  exactly  and  truthfully 


IO2  *•'    ••..:.*••....•  Laws  Concerning  Weights  and  Measures 

state  the  actual  weight,  assay  value,  and  total  amount  paid  for  any 
Fraud  in  sale  of  ore^ot  Or  lots  of  ore  purchased,  or  who,  by  any  secret  understanding 
or  agreement  with  another,  issues  a  bill  of  sale  or  certificate  of 
purchase  that  does  not  exactly  and  truthfully  state  the  actual 
weight,  assay  value  and  total  amount  paid  for  any  lot  or  lots  of 
ore  purchased,  or  who,  by  any  secret  understanding  or  agreement 
with  another,  issues  a  bill  of  sale  or  certificate  of  purchase  that  does 
not  truthfully  and  correctly  set  forth  the  weight,  assay  value  and 
total  amount  paid  for  any  lot  or  lots  of  ore  purchased  by  him,  is 
guilty  of  a  misdemeanor,  and  shall  be  punished  as  provided  in  the 
preceding  section. 

|ess.6Laws,i9o3,p.9i  Each  lumber  inspector  shall,  in  person  or  by  deputy,  at  the 
Measuring  lumber  request  of  any  owner  of  logs,  timber,  or  lumber,  after  a  scalement 
or  measurement  thereof,  make  a  bill  stating  therein  the  number 
of  logs,  the  number  of  feet  board  measure,  contained  in  such  logs 
or  lumber,  and  the  number  of  feet,  cubic  running,  or  board 
measure,  contained  in  said  timber,  and  at  whose  request  the 
same  were  scaled  or  measured,  and  to  whom  scaled  or  measured, 
a  copy  of  which  he  shall  enter  upon  the  books  of  his  office,  to  be 
provided  by  him  and  kept  for  that  purpose,  with  the  marks  as 
they  occurred  upon  the  logs.  A  correct  bill  of  the  same  shall  be 
given  to  such  owner,  with  a  certificate  thereto  attached  that  it  is 
a  true  and  correct  bill,  which  bill  so  certified  shall  be  presumptive 
evidence  of  the  facts  therein  contained  and  of  the  correctness  of 
such  scalement  or  measurement  in  all  courts,  except  in  favor  of 
the  inspector  who  made  the  same. 

^RCV.  codes,  1908,  p.     ~£ach  package  of  butter  offered  or  exposed  for  sale  shall  have 

sec  ijz90^          stamped  upon  the  wrapper  or  package,  the  actual  number  of 

weight  of  butter      ounces  contained  in  said  package.     Each  square  or  roll  of  butter 

kept,  exposed  or  offered  for  sale  in  the  State  of  Idaho,  which  is 

represented  to  contain  one  pound  in  weight,  shall  contain  full 

sixteen  ounces;  and  each  square  or  roll  of  butter  kept  or  offered 

for  sale  in  the  State  of  Idaho,  which  shall  be  represented  to 

contain   two   pounds   net   weight   shall   contain   full   thirty-two 

ounces. 

sess.  Laws,  191 1,  ch.     That,  for  the  purpose  of  act,  an  article  shall  also  be  deemed  to 
196,  P.  653  .    ' 

see.  6  be  misbranded — 

"  Misbranded       de-  *'  ."•*'•"***"•** 

fined 

In  case  of  food: 
******* 

3.  If  in  package  form,  and  the  contents  are  stated  in  terms  of 
weight  or  measure,  the  net  weight  or  measure  is  not  plainly  or 
correctly  stated  on  the  outside  of  the  package. 

(r907)  The  State  grain  commission  consists  of  three  qualified  electors 

^Rev.  codes,  1908,  P.  of  tke  State  of  Idaho,  who  are  appointed  by  the  Governor  to  hold 


Idaho 


office  for  two  years  and  until  their  successors  are  appointed  and   sec.  t478.  as  amended 

qualified,  unless  sooner  removed  by  the  Governor.     The  commis-  **  & 

sioners  shall  be  appointed  each  odd-numbered  year.     Said  com- siontete  grata  commis' 

missioners  shall  take  the  oath  of  office  required  of  other  state 

officers.     Two    members   of   said   commission   shall   be   farmers 

actually  engaged  in  the  business  of  farming  and  not  engaged  in  the 

warehouse  business  at  the  time  of  their  appointment,  and  shall  be 

selected  from  different  sections  of  the  State.     The  decisions  of  a 

majority  of  the  commissioners  shall  be  deemed  the  decisions  of  the 

commission  on  all  questions  arising  for  their  consideration. 

*  *     *     The  said  commission  shall  exercise  general  supervision   Sec.i479.as  amended 
over  the  hay  and  grain  interests  of  the  State,  and  of  the  handling,  ^T  Sess-  Laws- I909>  p- 
inspection,  weighing  and  storage  of  hay  and  grain,  and  of  the chfrg^welghlng^nd 
management  of  public  warehouses,  shall  investigate  all  complaints  storinghayands;rain 
of  fraud  or  injustice  in  the  hay  and  grain  trade,  and  may  fix  the 

charges  of  public  warehouse  men. 

*  *     *     The  said  commission  shall  also  establish  the  neces- 
sary rules  and  regulations  for  grading  and  weighing  hay  and 
grain,  and  shall  fix  the  charges  for  inspecting  and  grading  hay  and 
grain,  and  shall  make  such  other  rules  and  regulations  as  may  be 
necessary  for  the  enforcing  the  rules  and  regulations  of  this  chap- 
ter or  any  law  of  this  State  in  regard  to  the  same. 

Upon  written  complaint  filed  with  the  Commission  [State  Grain   Rev-    Codes;  .  sj*- 

/-v  •       .       •         -I       i  .     r  T  r    TT  r\  r\        1  '^1    I493g-    ^    """^ed    by 

Commission]  charging  an  Inspector  of  Hay,  Gram  or  Scales  withsess.  Laws,  i9n,  ch. 
official  misconduct,  inefficiency,  incompetency,  or  neglect  of  duty,  49compiaint  against  in- 
the  Commission  shall  investigate  such  charge,  and  if  any  of  suchsp( 
charges  be  sustained,  shall  remove  such  officer. 

All  scales  used  in  public  warehouses,  depot  scales,  street  scales,  b^|^«3^a£enacted 
or  scales  used  in  stockyards,  for  the  weighing  of  grain,  hay,  wool>cly!rehouse  an      l 
coal,  livestock,  or  other  farm  commodities,  shall  be  under  the  con- pot  scales,  etc., 
trol  of  the  State  Hay  and  Grain  Commission,  and  subject  to  the  in- 
spection and  correction  at  least  once  a  year  by  the  State  Hay  and 
Grain  Inspector  or  his  deputies,  and  shall  be  exempt  from  the 
jurisdiction  of  the  Sealer  of  Weights  and  Measures.     They  shall  be 
inspected  at  the  request  of  any  person  interested  in  any  hay,  grain, 
wool,  coal,   livestock,  or  other  commodities,  weighed  or  to  be 
weighed  thereon.     If  found  incorrect,  the  cost  of  inspection  shall 
be  paid  by  the  owner  thereof,  otherwise  by  the  person  requesting 
inspection.     No  scales  found  incorrect  shall  be  used  until  re- 
examined  and  found  correct. 

The  Inspector  shall,  at  least  once  a  year,  examine,  test  and  b^f3 
require  to  be  correct  all  scales  used  in  weighing  hay,  grain,  wool,  ch^lual 
coal,  livestock  or  other  commodities,  at  any  public  warehouse,  scales 
depot,  stockyards  or  other  public  place  in  the  State,  and  after 
such  scale  is  tested  and  found  to  be  correct  and  in  good  condition, 


Laws  Concerning  Weights  and  Measures 

to  issue  to  the  owner  or  manager  of  such  warehouse,  depot,  agent, 
manager  or  owner  or  any  such  public  scale,  a  certificate  author- 
izing the  use  of  such  scales  for  the  weighing  of  hay,  grain,  wool, 
coal,  livestock,  or  other  commodities  for  the  ensuing  year,  unless 
sooner  revoked  by  the  Inspector.  If  such  scales  are  found  to  be 
inaccurate  or  unfit  for  use,  the  Inspector  shall  notify  the  party 
using  them,  and  the  party  thus  notified  shall,  at  his  own  expense, 
thoroughly  repair  the  same  before  attempting  to  use  them,  and 
until  thus  repaired  to  the  satisfaction  of  the  Inspector,  the  cer- 
tificate of  such  party  shall  be  suspended  or  revoked  in  the  dis- 
cretion of  the  Inspector  and  the  party  receiving  such  certificate 
shall  pay  to  the  Inspector  the  sum  of  One  Dollar  ($1.00)  for  each 
wagon  scale  and  Fifty  Cents  (soc)  for  each  platform  scale  so 
inspected  as  herein  enumerated. 

Any  person,  agent  or  corporation  who  shall  obstruct  any  In- 
Ch6bstructing  official  sPector  in  the  performance  of  his  official  duties  by  preventing  his 
proper  access  to  the  scales  used  in  the  weighing  of  grain,  hay,  wool, 
coal,  livestock,  or  other  commodities,  or  the  inspection  of  hay, 
grain,  flour,  wool,  or  other  commodities  stored  in  special  piles,  or 
otherwise,  or  the  examination  of  receipt  and  shipping  books,  shall 
be  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall 
be  fined  in  a  sum  of  not  more  than  Fifty  Dollars  ($50)  and  costs 
of  prosecution.  Any  agent  of  any  company  or  corporation, 
manager  foreman,  or  person  in  the  employ  of  the  warehouse  under 
inspection  shall,  if  deemed  necessary  by  the  Chief  Inspector  or  any 
of  his  deputies,  re-weigh,  in  the  presence  of  the  Inspector  any  load 
or  pile  of  grain,  hay,  wool,  coal,  or  draft  or  drafts  of  livestock,  or 
other  commodities. 

b^'e^LawsTSS  Any  Inspector,  Deputy  Inspector,  or  Scale  Inspector  who  shall 
chcareiessness  in  in-  knowingly  or  carelessly  inspect  any  grain  or  scales,  or  weigh,  grade, 
ejecting  and  grading,  or  classify  any  grain  improperly,  or  give  any  false  certificate  of 
inspection  or  weight,  or  accept  money  or  other  consideration, 
directly  or  indirectly,  for  neglect  or  improper  performance  of  duty, 
or  neglect  any  duty  prescribed  by  this  chapter  or  the  rules  and 
regulations  established  by  the  Commission;  or  any  person  who 
shall  improperly  influence  or  attempt  to  influence  any  such  officer 
in  the  performance  of  his  official  duties,  shall  be  guilty  of  a  mis- 
demeanor, and,  upon  conviction  thereof,  shall  be  punished  by  a 
fine  not  to  exceed  One  Hundred  Dollars  ($100)  and  costs  of 
prosecution. 

49S!S'  ^aws>  I9"' ch'      It  *s  nereby  made  the  duty  of  the  prosecuting  attorneys  of  the 
prosecutions  various  counties  of  this  State,  upon  proper  information  being  made 

before  them,  to  prosecute  any  person,  firm,  company  or  corpora- 
tion charged  with  the  violation  of  any  of  the  provisions  of  this 
act. 


ILLINOIS 


That  the  weights  and  measures  received  from  the  United  States, 
and  now  in  charge  of  the  secretary  of  state,  to  wit:  one  yard  meas- 
ure, one  half  bushel,  one  wine  gallon,  one  wine  quart,  one  wine  pint, 
one  wine  half  pint,  one  set  of  avordupois  weights,  consisting  of 
fifty,  twenty-five,  twenty,  ten,  five,  four,  three,  two  and  one 
pounds,  and  from  eight  ounces  down  to  one  drachm;  one  set  of 
troy  weights  from  five  thousand  pennyweights  down  to  half  a 
grain,  and  from  one  pound  down  to  the  ten  thousandth  part  of 
an  ounce,  together  with  the  three  sets  of  balances,  when  received 
from  the  United  States,  shall  be  and  remain,  and  be  used  as  the 
sole  authorized  public  standard  of  weights  and  measures. 

Such  weights,  measures  and  balances  as  may  be  procured,  from 
time  to  time  to  replace  those  before  mentioned,  shall  be  preserved 
in  the  same  form,  and  of  the  same  dimensions,  the  denominations  of 
the  weights  and  measures  being  marked  thereon,  respectively; 
and  they  shall  be  sealed  with  the  seal  which  is  kept  for  that  pur- 
pose by  the  state  sealer. 

All  commodities  sold  by  the  heaped  measure,  shall  be  duly  heaped 
up  in  the  form  of  a  cone,  the  outside  of  the  measure  by  which  the 
same  shall  be  measured  to  be  the  limit  of  the  base  of  such  cone, 
and  such  cone  to  be  as  high  as  the  article  to  be  measured  will  admit. 

The  measures  used  for  measuring  dry  commodities,  not  heaped, 
shall  be  stricken  with  a  straight  stick  or  roller,  and  of  the  same 
diameter  from  end  to  end. 

The  hundred  weight  shall  consist  of  one  hundred  pounds,  and 
twenty  such  hundred  weights  shall  constitute  a  ton. 

Contracts  hereafter  to  be  executed,  made  within  this  state,  for 
any  work  to  be  done,  or  for  anything  to  be  sold,  delivered,  done  or 
agreed  for,  by  weight  or  measure,  shall  be  taken  and  construed  to 
be  made  according  to  the  standard  weight  and  measure  thus  ascer- 
tained. 

Whenever  any  of  the  following  articles  shall  be  contracted  for, 
or  sold,  or  delivered,  and  no  special  contract  or  agreement  shall  be 
made  to  the  contrary,  the  weight  per  bushel  or  barrel,  or  divisible 
merchantable  quantities  of  a  barrel,  shall  be  as  follows:  * 


Rev.  Stat.,  1909,  ch. 
147,  p.  2076 

(1*4$ 

Sec.  i 
Standards 


Sec.  2 

State  sealer  to  keep 


Sec.  3 

Heaped  measure 


Sec.  4 

Measures  not  heaped 


Sec.  s 
Hundredweight,  ton 


Sec.  6 
Contracts 


(184$,  l8QI,  ISQS) 

Sec.  7 

Weight  per  bushel  of 
produce 


1  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  these  articles. 


io6 


Laws  Concerning  Weights  and  Measures 


(1845} 

Sec.  8 
Penalty 


Wheat  flour  .............  per  bbl. 

Wheat  flour  .........  per  K  bbl  . 

Wheat  flour  .....  per  X  bbl.  sack. 

Wheat  flour  .....  per  yi  bbl.  sack. 

Corn  meal  ......  per  bush.  sack. 

Corn  meal  ....  per  ^  bush,  sack  . 

Corn  meal  ......  per  %  bush.  sack. 

Stone  coal  ...........  per  bush  . 

Unslacked  lime  ...........  do  ... 

Corn  in  the  ear  ............  do.  .. 

Wheat  ....................  do  ... 

Irish  potatoes  ..............  do.  .. 

White  beans  ..............  do.  .. 

Clover  seed  ................  do.  .. 

Onions  ..................  do  ... 

Shelled  corn  ...............  do.  .. 

Rye  .....................  do  ... 


Pounds. 
.   196 
.     98 
.     49 


24 
12 
80 
80 
70 
60 
60 
60 
60 
57 
56 
56 


Pounds. 


Flax  seed per  bush . 

Sweet  potatoes do ... 

Turnips do ... 

Fine  salt do ... 

Buckwheat do ... 

Coarse  salt do ... 

Barley do ... 

Castor  beans do ... 

Timothy  seed do ... 

Hemp  seed do ... 

Malt do.  .. 

Dried  peaches do.  .  . 

Oats do..  . 

Dried  apples do.  .  . 

Bran do.  .  . 

Blue  grass  seed do.  .  . 


Sec.  9 
State  sealer 

Duties 


Stamping 


Sec.  10 
County  sealer 


County  standards 


Sec.  n 

Duty  ol  county  sealer 


Whoever,  in  buying  any  of  the  articles  of  property  mentioned 
in  the  preceding  section,  shall  take  any  greater  number  of  pounds 
thereof  to  the  bushel,  or  barrel,  or  divisible  merchantable  quantity 
of  a  barrel,  or  in  selling  any  of  said  articles,  shall  give  any  less 
number  of  pounds  thereof  to  the  bushel  or  barrel,  or  divisible 
merchantable  quantity  of  a  barrel,  than  is  allowed  by  said  section, 
with  intent  to  gain  an  advantage  thereby,  except  expressly  author- 
ized so  to  do  by  special  contract  or  agreement  to  that  effect,  shall 
be  liable  to  the  party  injured  in  double  the  amount  of  the  property 
so  wrongfully  taken  or  not  given  and  ten  dollars  in  addition 
thereto,  to  be  recovered  in  any  form  of  action,  in  any  court  of 
competent  jurisdiction. 

The  secretary  of  state  shall  be  ex  oflficio,  state  sealer  of  weights 
and  measures,  and  shall  have  the  care  and  custody  of  the  author- 
ized public  standards  of  weights  and  measures.  He  shall  try  and 
prove,  by  such  standards,  all  weights  and  measures,  scales  and 
beams  which  may  belong  to  any  county,  and  be  sent  or  brought 
to  him  for  that  purpose  by  the  county  sealer,  and  shall  seal  such, 
when  found  to  be  accurate,  by  stamping  on  them  the  letter  "  I, " 
with  a  seal  which  he  shall  have  and  keep  for  that  purpose. 

The  county  clerk  of  each  county  shall  be  the  sealer  of  weights 
and  measures  for  the  county,  and  shall  have  the  care  and  custody 
of  the  county  standards.  He  shall  procure,  at  the  expense  of  the 
county,  when  authorized  by  the  county  board,  and  not  already 
provided,  a  full  set  of  weights  and  measures,  scales  and  beams, 
which  he  shall  cause  to  be  tried,  proved  and  sealed  by  the  state 
standards,  under  the  direction  of  the  secretary  of  state. 

The  several  county  sealers  shall  try  and  prove  all  weights  and 
measures,  scales  and  beams,  when  requested  so  to  do;  and  when 
the  same  are  found  or  made  to  conform  to  the  legal  standards, 
they  shall  seal  and  mark  such  weights  and  measures,  with  a  seal 
to  be  kept  by  them  for  that  purpose. 


Illinois  IOy 

The  secretary  of  state  and  each  county  sealer  shall  be  entitled  |£s12 
to  receive  for  his  services,  at  and  after  the  following  rates:  For 
sealing  and  marking  every  beam,  ten  cents ;  for  sealing  and  mark- 
ing measures  of  extension,  at  the  rate  of  ten  cents  per  yard,  not 
to  exceed  fifty  cents  for  any  one  measure ;  for  sealing  and  marking 
every  weight,  two  cents;  for  sealing  and  marking  liquid  and  dry 
measures,  if  the  same  be  of  the  capacity  of  a  gallon  or  more,  ten 
cents,  or  less  than  a  gallon  five  cents.  They  shall  also  be  entitled 
to  a  reasonable  compensation  for  making  such  weights  and  meas- 
ures conform  to  the  standard  established  by  this  act. 

Every  county  clerk  who  neglects  to  have  the  standards  under   f^1^  for  neglecting 
his  charge  compared  and  sealed  as  required  by  this  act,  or  neglects to  test  county  standards 
to  keep  the  same  in  good  order  and  repair,  or  who  suffers  any  of 
them,  through  his  neglect,  to  be  lost,  damaged  or  destroyed,  shall 
forfeit  to  the  county  not  less  than  fifty  nor  more  than  200  dollars, 
to  be  recovered  before  any  justice  of  the  peace  of  the  county. 

Whoever  sells  by  any  other  weights,  measures,  scales,  beams  |eec,^y 
or  balances  than  such  as  conform  to  such  standards,  shall  forfeit 
a  sum  not  exceeding  $20  for  each  offense,  and  when  by  the  custom 
of  trade  they  are  provided  by  the  buyer,  if  he  purchases  by  any 
other  weights,  measures,  scales,  beams,  or  balances,  he  shall  be 
subject  to  a  like  penalty,  to  be  recovered  before  a  justice  of  the 
peace  in  the  name  and  for  the  use  of  the  person  complaining.  ,g  , 

That  the  standard  of  analysis  for  milk  in  this  State  as  to  the    sec.ij 

•  1      ,i    i  -r-rr  .1  .<  Standard  of  analysis 

ingredients  and  preparations  shall  be:  Water,  eighty-eight  perotmiik 
cent;  milk  solids,  twelve  per  cent;  and  such  milk  solids  shall 
contain  not  less  than  three  per  cent  of  butter  fat.  When  con- 
tracts are  made  for  milk  purchased  within  this  State  for  delivery 
within  or  without  this  State  no  other  standard  shall  be  used 
except  by  special  contract  in  writing.  (Z909) 

That  the  city  council  in  cities,  and  the  president  and  board  of   |e0cwer  Of  municipal 
trustees  in  villages  and  incorporated  towns  shall  have  power  to^ltehsor^eitg°htre<luire 
require  all  grain,  flour,  meal,  hay,  feed,  seeds,  fruits,  nuts,  vege- 
tables and  non-liquid  vegetable  products,  meats  and  non-liquid 
animal   products,   fish,   butter,   cheese   and   other   similar   dairy 
products,  dry  groceries  and  all  other  similar  articles  of  merchan- 
dise, or  any  particular  class  or  classes  of  such  merchandise,  in  the 
absence  of  a  contract  or  agreement  in  writing  to  the  contrary,  to 
be  sold  by  standard  avoirdupois  weight  or  by  numerical  count. 

If  any  person  shall  knowingly  sell  by  false  weights  or  meas-  38Rev-  stat  •  I909- ch- 
ures,  or  shall  knowingly  use  false  measures  at  any  mill,  in  taking   ^^oi 
toll  for  grinding  corn,  wheat,  rye  or  other  grain,  he  shall  be  deemed  m™*eresweights  and 
a  common  cheat,  and,  on  conviction,  shall  be  fined  not  less  than 
$200,  and  imprisoned  not  exceeding  three  months. 


io8  Laws  Concerning  Weights  and  Measures 

2H-RAn.  vtat ' I909>  ch'      (55)  The  city  council  in  cities,  and  president  and  the  board  of 
i^fc7^  trustees  in  villages,  shall  have  the  following  powers :  To  provide 

cuy  councils  for  the  inspection  and  sealing  of  weights  and  measures. 

(56)  To  enforce  the  keeping  and  use  of  proper  weights  and 
measures  by  vendors. 

(91)  To  tax    *     *    *     public  scales. 

^sess.  Laws,  i9n,  p.     *    *    *    That  for  the  purpose  of  this  Act  an  article  shall  also 
Misbranding,  when  be  deemed  to  be  misbranded — 

Third.  If  in  package  form  and  the  contents  are  stated  in  terms 
of  weight  or  measure,  they  are  not  correctly  and  plainly  stated  on 
the  outside  of  the  package. 

^sess.  Laws,  1905,  P.     ^very  lot  or  parcel  of  concentrated  commercial  feed  stuffs,  as 

by  £essI'Lawsat?9e?Id<PJ  defined  in  section  2  of  this  Act,  used  for  feeding  farm  live  stock, 

™  sold  or  offered  or  exposed  for  sale  within  this  State,  shall  have 

affixed  thereto,  in  a  conspicuous  place  on  the  outside  thereof,  a 

plainly  printed  statement  in  the  English  language  clearly  and 

truly  certifying — 

(a)  the  net  weight  of  the  contents  of  the  package,  lot  or  parcel; 
(6)  the  name,  brand  or  trade  mark; 

(c}  the  name  and  principal  address  of  the  manufacturer  or 
the  person  responsible  for  placing  the  commodity  on  the  mar- 
ket; *  *  *. 

feed%tufls defined  The  term  "  concentrated  commercial  feed  stuffs,"  as  used  in  this 
Act,  shall  include  cottonseed  meals,  linseed  meals,  pea  meals,  bean 
meals,  peanut  meals,  cocoanut  meals,  gluten  meals,  gluten  feeds, 
maize  feeds,  starch  feeds,  sugar  feeds,  sucrene  feeds,  and  all 
oil  meals  of  all  kinds,  dried  distillers'  grains,  dried  brewers' 
grains,  dried  beef  refuse,  malt  sprouts,  malt  refuse,  hominy  feeds, 
cereline  [cerealin]  feeds,  rice  meals,  oat  feeds,  corn  and  oat  feeds, 
corn,  oat  and  barley  feeds,  chop  feeds,  corn  bran,  ground  beef  or 
fish,  scraps,  meat  and  bone  meals,  mixed  feeds,  except  as  other- 
wise provided  in  section  3  of  this  Act — clover  and  alfalfa  meals, 
any  mixture  of  any  of  the  before  mentioned  substances  with  each 
other  or  with  any  other  substance,  condimental  stock  and  poultry 
foods,  medicinal  stock  and  poultry  foods  consisting  of  or  contain- 
ing any  of  the  substances  included  as  concentrated  commercial 
feed  stuff  as  defined  by  this  section,  patented,  proprietary,  trade- 
marked  stock  and  poultry  foods,  and  all  other  materials  of  a  similar 
nature  intended  for  stock  or  poultry,  not  included  in  section  3  of 
this  Act. 

s£ne;  what  not  in-      The  term  "  concentrated  commercial  feed  stuffs,"  as  used  in  this 

cluded  act,  shall  not  include  hays  and  straws,  the  whole  seeds  nor  the 

unmixed  meals  made  directly  from  the  entire  grains  of  wheat,  rye, 

barley,  oats,  Indian  corn,  buckwheat  and  broom  corn.    Neither 


Illinois 


109 


Test  weights 


shall  it  include  wheat  bran  or  wheat  middlings  not  mixed  with 
other  substances  but  sold  separately  as  distinct  articles  of  com- 
merce, nor  wheat  bran  and  wheat  middlings  mixed  together,  not 
mixed  with  any  other  substances,  and  known  in  the  trade  as 
"mixed  feed,"  nor  pure  grains  ground  together  unmixed  with 
other  substances. 

(/)  State  inspectors  [of  mines]  are  hereby  made  ex  officio  sealer    Sess-  I'aws'  *9". 
of  weights  and  measures  in  their  respective  districts,  and  as  such  39sec.  s 
are  empowered  to  test  all  scales  used  to  weigh  coal  at  coal  mines.  isS«te0fficToe 
Upon  the  written  request  of  any  mine  owner  or  operator,  or  of  ten  weights  and  measures 
coal  miners  employed  at  any  one  mine,  it  shall  be  the  duty  of  the 
inspector  to  test  any  scale  or  scales  at  such  mine  against  which    Testing  of  scales 
complaint  is  directed,  and  if  he  shall  find  that  they  or  any  of  them 
do  not  weigh  correctly,  he  shall  call  the  attention  of  the  mine 
owner  or  operator  to  the  fact,  and  direct  that  said  scale  or  scales 
be  at  once  over-hauled  and  readjusted  so  as  to  indicate  only  true 
and  exact  weights,  and  he  shall  forbid  the  further  operation  of  such 
mine  until  such  scales  are  adjusted.     In  the  event  that  such  tests 
shall  conflict  with  any  test  made  by  any  county  sealer  of  weights, 
or  under  and  by  virtue  of  any  municipal  ordinance  or  regulation, 
then  the  test  by  such  mine  inspector  shall  prevail. 

(k)  For  the  purpose  of  carrying  out  the  provisions  of  this  Act, 
each  State  inspector  shall  be  furnished  by  the  State  with  a  com- 
plete set  of  standard  weights  suitable  for  testing  the  accuracy  of 
tract  [track]  scales  and  of  all  smaller  scales  at  mines;  said  test 
weights  to  be  paid  for  on  bills  of  particulars,  certified  by  the  Sec- 
retary of  State  and  approved  by  the  Governor.  Such  test  weights 
shall  remain  in  the  custody  of  the  inspector  for  use  at  any  point 
within  his  district,  and  for  any  amounts  expended  by  him  for  the 
storage,  transportation  or  handling  of  the  same,  he  shall  be  fully 
reimbursed  upon  making  entry  of  the  proper  items  in  his  expense 
voucher. 

(a)  The  operator  of  every  coal  mine  where  miners  are  paid  by 
the  weight  of  their  output,  shall  provide  at  such  mine  suitable  and 
accurate  scales  for  the  weighing  of  such  coal,  and  a  correct  record 
shall  be  kept  of  all  coal  so  weighed,  and  said  record  shall  be  open 
at  all  reasonable  hours  to  the  inspection  of  miners  and  others 
interested  in  the  production  of  said  mine. 

(b)  The  person  authorized  to  weigh  the  coal  and  keep  the  record 
as  aforesaid  shall,  before  entering  upon  his  duties,  make    and 
subscribe  to  an  oath  before  some  persons  duly  authorized  to 
administer  oaths,  that  he  will  accurately  weigh  and  carefully  keep 
a  true  record  of  all  coal  weighed,  and  such  affidavit  shall  be  kept 
conspicuously  posted  at  the  place  of  weighing. 

(c)  The  miners  at  work  in  any  coal  mine  may  employ  a  check 
weighman  at  their  option  and  at  their  own  expense,  whose  duty 


Sess. 
416 


Laws,   1911,  p. 


to  provide 


Weighman 


Check  weighman 


no  Laws  Concerning  Weights  and  Measures 

it  shall  be  to  balance  the  scales  and  see  that  the  coal  is  properly 
weighed,  and  that  a  correct  account  of  the  same  is  kept,  and  for 
this  purpose  he  shall  have  access  at  all  times  to  the  beam  box  of 
said  scales,  and  be  accorded  every  facility  for  verifying  the  weights 
while  the  weighing  is  being  done.  The  check  weighman  so 
employed  by  the  miners,  before  entering  upon  his  duties,  shall 
make  and  subscribe  to  an  oath  before  some  person  duly  authorized 
to  administer  oaths,  that  he  will  faithfully  discharge  his  duties  as 
check  weighman,  and  such  oath  shall  be  kept  conspicuously  posted 
at  the  place  of  weighing. 

^Rev.^stat.,  1909,  ch.      A^  at  the  time  such  grain  is  received  by  it  for  transportation, 
(1871)  such  corporation  [railroad]  shall  carefully  and  correctly  weigh  the 

weighing  in  — Re- same,  and  issue  to  the  shipper  thereof  a  receipt  or  bill  of  lading  for 

such  grain,  in  which  shall  be  stated  the  true  and  correct  weight, 
shrinkage ine  °ut~  ^nd  sucn  corporation  shall  weigh  out  and  deliver  to  such  ship- 
per, his  consignee  or  other  person  entitled  to  receive  the  same,  at 
the  place  of  delivery,  the  full  amount  of  such  grain,  without  any 
deduction  for  leakage,  shrinkage  or  other  loss  in  the  quantity  of 
the  same. 

Damages  in  default  of  such  delivery,  the  corporation  so  failing  to  deliver 

the  full  amount  of  such  grain  shall  pay  to  the  person  entitled 
thereto  the  full  market  value  of  any  such  grain  not  delivered  at 
the  time  and  place  when  and  where  the  same  should  have  been 
delivered. 

Evidence— shortage  jf  any  such  corporation  shall,  upon  the  receipt  by  it  of  any 
grain  for  transportation,  neglect  or  refuse  to  weigh  and  receipt 
for  the  same,  as  aforesaid,  the  sworn  statement  of  the  shipper, 
or  his  agent  having  personal  knowledge  of  the  amount  of  grain 
so  shipped,  shall  be  taken  as  true,  as  to  the  amount  so  shipped; 
and  in  case  of  the  neglect  or  refusal  of  any  such  corporation,  upon 
the  delivery  by  them  of  any  grain,  to  weigh  the  same,  as  afore- 
said, the  sworn  statement  of  the  person  to  whom  the  same  was 
delivered,  or  his  agent  having  personal  knowledge  of  the  weight 
thereof,  shall  be  taken  as  true,  as  to  the  amount  delivered.  And 
if,  by  such  statements,  it  shall  appear  that  such  corporation  has 
failed  to  deliver  the  amount  so  shown  to  be  shipped,  such  corpora- 
tion shall  be  liable  for  the  shortage,  and  shall  pay  to  the  person 
entitled  thereto  the  market  value  of  such  shortage,  at  the  time 
and  place  when  and  where  the  same  should  have  been  delivered. 

Rev.  stat..  1909.  ch.     At  all  stations  or  places  from  which  the  shipments  of  grain  by 
(1871,1877)        the  road  of  such  corporation  shall  have  amounted  during  the 

Raciiroa9d  scales  previous  year  to  fifty  thousand  (50,000)  bushels  or  more,  such 
corporation  shall,  when  required  so  to  do  by  the  persons  who  are 
the  shippers  of  the  major  part  of  said  fifty  thousand  bushels  of 
grain,  erect  and  keep  in  good  condition  for  use,  and  use  in  weigh- 


Illinois 


in 


ing  grain  to  be  shipped  over  its  road,  true  and  correct  scales,  of 
proper  structure  and  capacity  for  the  weighing  of  grain  by  car 
load  in  their  cars  after  the  same  shall  have  been  loaded.  Such  Wel«*ta« 
corporation  shall  carefully  and  correctly  weigh  each  car  upon 
which  grain  shall  be  shipped  from  such  place  or  station,  both 
before  and  after  the  same  is  loaded,  and  ascertain  and  receipt  for 
the  true  amount  of  grain  so  shipped.  If  any  such  corporation 
shall  neglect  or  refuse  to  erect  and  keep  in  use  such  scales  when 
required  to  do  so  as  aforesaid,  or  shall  neglect  or  refuse  to  weigh 
in  the  manner  aforesaid  any  grain  shipped  in  bulk  from  any  station 
or  place,  the  sworn  statement  of  the  shipper,  or  his  agent  having 
personal  knowledge  of  the  amount  of  grain  shipped,  shall  be  taken 
as  true  as  to  the  amount  so  shipped.  In  case  any  railroad  cor- 
poration shall  neglect  or  refuse  to  comply  with  any  of  the  require- 
ments of  section  first,  second  and  fifth  of  this  act,  it  shall,  in 
addition  to  the  penalties  therein  provided,  forfeit  and  pay  for  Penaltle8 
every  such  offense  and  for  each  and  every  day  such  refusal  or 
neglect  is  continued  the  sum  of  one  hundred  dollars  ($100),  to  be 
recovered  in  an  action  of  debt  before  any  justice  of  the  peace,  in 
the  name  of  the  People  of  the  State  of  Illinois,  such  penalty  or 
forfeiture  to  be  paid  to  the  county  in  which  the  suit  is  brought, 
and  shall  also  be  required  to  pay  all  costs  of  prosecution,  includ- 
ing such  reasonable  attorney's  fees  as  may  be  assessed  by  the 
justice  before  whom  the  case  may  be  tried. 

All  persons  owning  property,  or  who  may  be  interested  in  the  Ir^ev-  stati>  I909' ch- 
same,  in  any  public  warehouse,  and  all  duly  authorized  inspectors  Sec  7l) 
of  such  property,  shall  at  all  times,  during  ordinary  business  m]|IM 
hours,  be  at  full  liberty  to  examine  any  and  all  property  stored  scales 
in  any  public  warehouse  in  this  state,  and  all  proper  facilities 
shall  be  extended  to  such  person  by  the  warehouseman,  his  agents 
and  servants,  for  an  examination;  and  all  parts  of  public  ware- 
houses shall  be  free  for  the  inspection  and  examination  of  any 
person  interested  in  property  stored  therein,  or  of  any  authorized 
inspector  of  such  property.  And  all  scales  used  for  the  weighing 
of  property  in  public  warehouses  shall  be  subject  to  examination 
and  test  by  any  duly  authorized  inspector  or  sealer  of  weights  and 
measures,  at  any  time  when  required  by  any  person  or  persons, 
agent  or  agents,  whose  property  has  been  or  is  to  be  weighed  on 
such  scales — the  expense  of  such  test  by  an  inspector  or  sealer  to 
be  paid  by  the  warehouse  proprietor  if  the  scales  are  found  incor- 
rect but  not  otherwise.  Any  warehouseman  who  may  be  guilty 
of  continuing  to  use  scales  found  to  be  in  an  imperfect  or  incorrect 
condition  by  such  examination  and  test,  until  the  same  shall  have 
been  pronounced  correct  and  properly  sealed,  shall  be  liable  to  be 
proceeded  against  as  hereinafter  provided. 


ii2  Laws  Concerning  Weights  and  Measures 

H^P?!?™*"  I909>  °h-     That  there  shall  be  appointed  by  the  railroad  and  warehouse 
sec  i86l553)  commissioners  in  all  cities  where  there  is  state  inspection  of  grain, 

weighmastet  —  AP-  a  State  weighmaster  and  such  assistance  as  shall  be  necessary. 
sec.  i87  Said  State  weighmaster  and  assistants  shall,  at  the  places  afore- 

said supervise  and  have  exclusive  control  of  the  weighing  of  grain 
and  other  property  which  may  be  subject  to  inspection,  and  the 
inspection  of  scales  and  the  action  and  certificate  of  such  weigh- 
master and  assistants  in  the  discharge  of  their  aforesaid  duties 
shall  be  conclusive  upon  all  parties  in  interest. 

The  board  of  railroad  and  warehouse  commissioners  shall  fix 
the  fees  to  be  paid  for  the  weighing  of  grain  or  other  property, 
which  fees  shall  be  paid  equally  by  all  parties  interested  in  the 
purchase  and  sale  of  property  weighed,  or  scales  inspected  and 
tested. 


INDIANA. 

That  the  standard  weights  and  measures  furnished  by  the  gov-  Acts-  *9».  <*»•  "63 
ernment  of  the  United  States  in  accordance  with  the  joint  resolu-  weights  and 
tion  of  congress  approved  June  fourteenth,  eighteen  hundred  and™ 
thirty-six,  and  any  additions  thereto  and  renewals  thereof  cer- 
tified to  by  the  United  States  bureau  of  standards  and  weights, 
measures,  balances  and  apparatus  as  may  be  added  by  the  state 
commissioner  of  weights  and  measures  and  verified  by  the 
United  States  bureau  of  standards,  shall  be  the  standards  by 
which  all  state,  county  and  city  standards  shall  be  tried,  proved 
and  sealed. 

The  state  food  and  drug  commissioner  shall  be  the  state  com-  sec.2 

.  .    i    .  j  °  ^1  .      .  .     State  commissioner— 

missioner  of  weights  and  measures.  The  state  commissioner  of  custody  of  standards- 
weights  and  measures  shall  take  charge  of  the  standards  adopted Dl 
by  this  article  as  the  standards  of  the  state;  cause  them  to  be 
kept  in  a  fireproof  building  belonging  to  the  state,  from  which 
they  should  not  be  removed  except  for  repairs  or  for  certification, 
and  take  all  other  necessary  precautions  for  their  safe  keeping. 
He  shall  maintain  the  state  standards  in  good  order  and  shall 
submit  them  once  in  ten  years  to  the  national  bureau  of  standards 
for  certification.  He,  or  his  deputies  or  inspectors  by  his  direc- 
tion, shall  correct  the  standards  of  the  several  cities  and  counties, 
and  as  often  as  once  in  two  years  compare  the  same  with  those  in 
his  possession,  and  where  not  otherwise  provided  by  law  he  shall 
have  a  general  supervision  of  the  weights,  measures  and  measur- 
ing and  weighing  devices  of  the  state,  and  in  use  in  the  state. 
He  shall  upon  the  written  request  of  any  citizen,  firm,  corporation 
or  institution  of  the  state,  test  or  calibrate  weights,  measures, 
weighing  or  measuring  devices  and  instruments  or  apparatus  used 
as  standards  in  the  state.  He,  or  his  deputies  or  inspectors  by 
his  direction  shall  at  least  once  annually  test  all  scales,  weights 
and  measures  used  in  checking  the  receipt  or  disbursement  of 
supplies  in  every  institution  under  the  jurisdiction  of  the  state 
board  of  charities  and  he  shall  report  in  writing  his  findings  to  the 
executive  officer  of  the  institution  concerned.  The  state  com- 
missioner of  weights  and  measures  shall  keep  a  complete  record 
of  the  standards,  balances  and  other  apparatus  belonging  to  the 

8578°— 12 8  113 


114  Laws  Concerning  Weights  and  Measures 

state  and  take  receipt  for  the  same  from  his  successor  in  office; 
he  shall  annually  during  the  first  two  weeks  of  January  make  ta 
the  governor  a  report  of  the  work  done  by  his  office;  he  or  his 
deputies  or  inspectors  at  his  direction,  shall  at  least  once  in  two 
years  visit  the  various  cities  and  counties  of  the  state  which  have 
appointed  sealers  of  weights  and  measures  in  order  to  inspect  the 
work  of  the  local  sealers,  and  in  the  performance  of  such  duties  he 
may  inspect  the  weights,  measures,  balances  or  any  other  weighing 
or  measuring  appliances  of  any  person,  firm  or  corporation.  The 
state  commissioner  of  weights  and  measures  shall  issue  from 
time  to  time  regulations  for  the  guidance  of  county  and  city  sealers 
and  the  said  regulations  shall  govern  the  procedure  to  be  followed 
by  the  aforesaid  officers  in  the  discharge  of  their  duties. 

county  or  city  sealer—  ^e  board  °f  county  commissioners  may  in  their  discretion 
salary— Duties  appoint  a  county  sealer  of  weights  and  measures  who  shall  serve  dur- 
ing the  pleasure  of  the  board  and  shall  receive  a  compensation  to  be 
determined  by  the  board  and  which  shall  be  paid  out  of  the  county 
treasury.  The  board  shall  provide  the  necessary  apparatus  and 
supplies  for  such  sealer.  The  common  council  of  any  city  may 
provide  for  the  appointment  by  the  mayor  of  a  city  sealer  of 
weights  and  measures  and  provide  for  his  compensation  and  for 
necessary  apparatus  and  expenses.  And  such  compensation 
shall  not  be  less  than  fifteen  hundred  ($1,500)  dollars  per  annum 
nor  more  than  eighteen  hundred  (($1,800)  dollars  per  annum  in 
the  case  of  cities  of  the  first  class  and  not  less  than  twelve  hundred 
($1,200)  dollars  per  annum  nor  more  than  fifteen  hundred  ($1,500) 
dollars  per  annum  in  the  case  of  cities  of  the  second  class.  The 
county  or  city  sealer  when  appointed  shall  be  a  deputy  sealer 
under  the  direction  of  the  state  commissioner  of  weights  and 
measures.  He  shall  take  charge  of  and  safely  keep  the  county  or 
city  standards.  Where  not  otherwise  provided  by  law,  the  county 
or  city  sealer  shall  have  the  power  within  his  county  or  city  to 
inspect,  test,  try  and  ascertain  if  they  are  correct,  all  weights, 
scales,  beams,  measures  of  every  kind,  instruments  or  mechanical 
devices  for  measurement  and  the  tools,  appliances  or  accessories , 
connectd  with  any  or  all  such  instruments  or  measurements  used 
or  employed  within  the  county  or  city  by  any  proprietor,  agent, 
lessee  or  employe  in  determining  the  size,  quantity,  extent  or 
measurement  of  quantities,  things,  produce,  articles  for  distribu- 
tion or  consumption  offered  or  submitted  by  such  person  or  per- 
sons for  sale,  for  hire  or  award.  He  shall  at  least  twice  in  each 
year  and  as  much  oftener  as  he  may  deem  necessary  see  that  the 
weights,  measures  and  all  apparatus  used  in  the  county  or  city 
are  correct.  He  may  for  the  purposes  above  mentioned,  and 
in  the  general  performance  of  his  official  duties,  enter  or  go  into 


Indiana 

or  upon  and  without  formal  warrant,  any  stand,  place,  building 
or  premises  or  may  stop  any  vender,  peddler,  junk  dealer,  coal 
wagon,  ice  wagon,  or  any  dealer  whatsoever,  for  the  purpose  of 
making  the  proper  tests.  Whenever  the  county  or  city  sealer  finds 
a  violation  of  the  statutes  relating  to  weights  and  measures  he 
shall  cause  the  violator  to  be  prosecuted.  The  county  or  city 
sealer  shall  keep  a  complete  record  of  the  work  done  by  him  and 
shall  make  an  annual  report  to  his  board  of  county  commissioners 
or  to  the  mayor  and  an  annual  report,  duly  sworn  to,  not  later 
than  the  first  of  December  to  the  state  commissioner  of  weights 
and  measures.  The  county  or  city  sealer  of  weights  and  measures 
shall  forthwith  on  his  appointment  give  a  bond,  with  sureties  to 
be  approved  by  the  appointing  power  for  the  faithful  performance 
of  the  duties  of  his  office  and  for  the  safety  of  the  local  standards 
and  such  appliances  for  verification  as  are  committed  to  his 
charge  and  for  the  surrender  thereof  immediately  to  his  successor 
in  office  or  to  the  person  appointed  by  the  proper  authority  to 
receive  them.  The  county  sealer  shall  have  jurisdiction  over  the 
whole  county  except  as  to  incorporated  cities  which  have  provided 
for  a  city  sealer  under  the  provisions  of  this  act.  This  act  shall 
not  affect  the  appointment  of  city  sealers  appointed  heretofore 
under  any  law,  but  such  sealers  shall  perform  the  duties  of  the 
office  under  the  provisions  of  this  act. 

Only  those  persons  shall  be  eligible  to  appointment  to  the  posi-  f^ns  eligible  as 
tion  of  county  or  city  sealers,  who  at  the  time  of  the  passage  of  ^Jj{s~"power  of  re~ 
this  act  are  county  or  city  sealers  of  weights  and  measures  or 
who  have  had  recent  experience  in  the  duties  and  work  of  the 
office  or  who  have  passed  an  examination  which  shall  be  given 
by  the  state  commissioner  of  Weights  and  measures  to  test  the 
ability  of  the  person  so  examined  to  perform  satisfactorily  the 
duties  of  a  county  or  city  sealer  of  weights  and  measures.  If  it 
is  evident  to  the  state  commissioner  of  weights  and  measures 
that  any  county  or  city  sealer  of  weights  and  measures  is  not 
properly  and  faithfully  performing  the  duties  of  his  office,  the 
state  commissioner  of  weights  and  measures  shall  have  power  to 
discharge  such  county  or  city  sealer  of  weights  and  measures. 
Such  removal  however,  shall  not  be  made  until  five  days'  notice 
of  the  charge  or  charges  shall  have  been  mailed  to  him  by  said 
commissioner,  naming  a  time  and  place  for  hearing  by  the  state 
board  of  health,  not  less  than  two  weeks  later  than  the  time  of 
mailing  such  notice  to  said  county  or  city  sealer  of  weights  and 
measures:  Provided,  however,  That  any  county  or  city  sealer  of 
weights  and  measures  so  removed  by  the  state  commissioner  of 
weights  and  measures,  shall  have  the  right  to  appeal  from  the 
action  of  said  commissioner  to  the  circuit  or  superior  court  of  the 


n6  Laws  Concerning  Weights  and  Measures 

county  in  which  such  county  or  city  sealer  of  weights  and  meas- 
ures resides,  and  during  the  pendency  of  such  appeal,  such 
county  or  city  sealer  of  weights  and  measures  may  serve  in  his 
official  capacity.  Any  county  or  city  sealer  of  weights  and 
measures  discharged  as  herein  provided,  shall  be  ineligible  to  hold 
the  position  of  county  or  city  sealer  of  weights  and  measures  for 
four  years,  and  the  vacancy  shall  be  filled  by  the  proper  authori- 
ties, as  provided  in  this  act. 

tearing  scales-  Whenever  the  sealer  of  a  city  or  county  or  the  state  sealer  or 
Marking  measures  his  deputies  tests  and  compares  scales,  weights  or  measures  and 
finds  that  they  correspond  with  the  standards  in  his  possession 
he  shall  seal  and  mark  such  scales,  weights  or  measures  by  stamp- 
ing upon  them  the  letters  "Ind.  S.,"  meaning  Indiana  Standard, 
and  the  last  two  figures  of  the  year  in  which  the  same  is  done. 

police  powers  The  commissioner  of  weights  and  measures  his  deputies  and 

inspectors,  and  the  county  and  city  sealers  of  weights  and  meas- 
ures, are  hereby  made  special  policemen  and  are  authorized  and 
empowered  to  arrest  without  formal  warrant  for  any  violation  of 
the  statutes  in  relation  to  scales,  weights  and  measures,  and  to 
seize  for  use  as  evidence  and  without  formal  warrant  any  false 
weight,  scales,  measure,  or  weighting  [weighing]  or  measuring 
device,  or  packages  or  amounts  of  commodities  found  to  be  used, 
retained  or  offered  or  exposed  for  sale  or  sold  in  violation  of  law. 

interference  with  ofB-  Any  person  who  shall  molest,  hinder  or  obstruct  in  any  way  the 
cer-penaity  commissioner  of  weights  and  measures,  his  deputies  or  inspectors, 

or  any  county  or  city  sealer  in  the  performance  of  his  official 
duties  hereunder,  shall  be  guilty  of  a  misdemeanor,  and  shall  be 
punished  upon  conviction  thereof  in  any  court  of  competent  juris- 
diction by  a  fine  of  not  less  than  ten  dollars  nor  more  than  two 
hundred  dollars  to  which  may  be  added  imprisonment  in  the 
county  jail  for  not  more  than  ninety  days. 

use  or  possession  of  Any  person  who  by  himself  or  by  his  servant  or  as  the  servant 
false  measures-Pen-  or  agent  of  another,  shall  use  or  retain  in  his  possession  any  false 
scales,  weight  or  measure  or  weighing  or  measuring  device  or 
any  weight  or  measure  or  weighing  or  measuring  device  in  the 
buying  or  selling  of  any  commodity  or  thing,  or  who  shall  dispose 
of  any  condemned  scales,  weight,  measure  or  weighing  or  meas- 
uring device  contrary  to  law,  or  remove  any  tag,  stamp  or  mark 
placed  thereon  by  the  sealer ;  or  any  person  who  by  himself  or  by 
his  servant  or  agent  or  as  the  servant  or  agent  of  another,  shall 
sell  or  offer  or  expose  for  sale  less  than  the  quantity  he  represents, 
or  any  person  who  by  himself  or  by  his  servant  or  agent,  or  as 
the  servant  or  agent  of  another,  shall  sell,  offer  for  sale  or  have 
in  his  possession  for  the  purpose  of  selling,  any  false  scales,  weight 
or  measure  or  any  device  or  instrument  to  be  used  or  calculated 


Indiana 


117 


Sec.  9 

Expenses— How  paid 


to  falsify  any  weight  or  measure,  shall  be  guilty  of  a  misdemeanor 
and  shall  be  punished  by  a  fine  of  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars,  to  which  may  be  added  imprison- 
ment in  the  county  jail  for  not  more  than  three  months,  upon 
first  conviction;  and  upon  a  second  or  subsequent  conviction,  he 
shall  be  punished  by  a  fine  of  not  less  than  twenty  dollars  nor 
more  than  five  hundred  dollars  to  which  may  be  added  imprison- 
ment in  the  county  jail  for  not  more  than  six  months. 

All  expenses  incident  to  the  enforcement  of  this  act,  including 
the  purchase  of  a  complete  set  of  standard  dry  and  liquid  meas- 
ures, weights  and  balances  and  other  necessary  apparatus  as 
hereinbefore  provided  for  said  office  and  the  salaries  of  clerks, 
inspectors  and  deputies  shall  be  paid  out  of  the  fund  provided  for 
the  enforcement  of  the  pure  food  and  drug  law,  and  such  money 
shall  be  paid  out  by  certificates  issued  by  the  state  board  of  health 
and  attested  by  the  secretary. 

This  act  shall  go  into  effect  on  the  ist  day  of  January,  1912. 

The  avoirdupois  weight  of  beef  or  pork  in  each  barrel  shall  be  two  iat. 

hundred  pounds;    and  of  flour  in  each  barrel,  one  hundred  and I908;  Y?1-  3-s ch- I33, 

r  1  ,  (loo 5,  1897,  igoj) 

ninety-six  pounds;   of  sorghum  molasses,  eleven  pounds  to  the   sec.  10520 
gallon;  of  hay  or  straw,  two  thousand  pounds  shall  be  given  and iSSE*"1  weights 
taken  for  a  ton.     A  bushel  of  the  respective  articles  hereinafter 
mentioned  shall  mean  the  amount  of  weight,  avoirdupois,  in  this 
section  specified  as  follows :  * 


Sec.  10 


Pounds. 

Wheat 60 

Buckwheat 50 

Oats 32 

Beans 60 

Potatoes 60 

Clover  seed 60 

Hempseed 44 

Blue  grass  seed 14 

Castor  beans 46 

Dried  peaches 33 

Dried  apples 25 

Onions 48 

Salt 50 

Mineral  coal,  mined  within  this  state, 
or  mined  without  and  sold  within 

this  state 80 

Timothy  seed 45 

Rye 56 


Pounds. 

Barley 48    Weight  of  bushel 

Corn  meal 50 

Cranberries 33 

Millet  seed 50 

Orchard  grass  seed 14 

Malt  rye 35 

Middlings,  fine 40 

Middlings,  coarse 30 

Osage  orange 33 

Parsnips 55 

Sweet  potatoes 55 

Turnips 55 

Pop-corn 56 

Shelled  corn 56 

Corn  in  the  ear,  seventy  pounds,  un- 
til the  first  of  December  next  after 

it  is  grown  and  after  that  date 68 


Whoever,  when  buying  or  selling  by  weight,  buys  or  sells  any  of   ^  I0^*P7) 
the  foregoing  articles  or  commodities  enumerated  in  section  one  ofvioi*tian  of  act; 
this  act,  at  a  measure  differing  in  weight  from  the  standard  of 
measures  therein  prescribed  and  fixed,  shall  be  deemed  guilty  of  a 


1  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  these  articles. 


n8  Laws  Concerning  Weights  and  Measures 

misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  more 
than  twenty-five  dollars  nor  less  than  one  dollar. 

sec  lo^il8 5)  -^  t*16  different  kinds  of  grain,  seeds  and  articles  specified  in  this 

standann>uaheitobe  act  shall  hereafter  be  given  and  taken  at  the  several  weights  affixed 
to  each  as  a  standard  bushel,  and  as  such  shall  be  considered  a  legal 
tender  to  fulfill  any  contract  made  for  the  delivery  of  either  of  the 
kinds  of  grain,  seeds  or  articles  specified  in  this  act. 

sec  ios23P7)  That  it  shall  be  unlawful  for  any  person,  commission  merchant, 

uredheat>  h°w  meas"  miller,  dealer,  grain  inspector,  corporation,  company,  firm  or  asso- 
ciation, either  by  himself,  itself,  officer,  agent  or  employe,  when 
purchasing  wheat  or  receiving  it  in  barter  or  exchange  for  flour  or 
otherwise,  from  the  owner,  his  agent  or  employe,  to  use  for  the  pur- 
pose of  testing  or  determining  the  weight,  grade,  milling  or  market 
value  of  wheat  any  measure  other  than  the  standard  half-bushel 
measure  furnished  this  state  by  the  United  States;  and  the  use  of 
any  fractional  part  of  said  standard  half-bushel  measure  for  such 
purpose  will  be  a  violation  of  this  section. 

Marnier  &  measuring  ^t  sna^  be  unlawful  to  use  anything  other  than  a  straight  stick 
with  the  edges  square  for  leveling  the  wheat  in  said  half-bushel 
measure,  for  the  purpose  of  testing  the  weight,  grade,  milling  or 
market  value  of  wheat:  Provided,  that  the  provisions  of  this  act 
shall  not  apply  to  wheat  or  grain  that  is  inspected  or  graded  by  the 
car  load  under  the  regulations  of  any  board  of  trade. 

v!oiationsoi  act,  pen-     Any  Person  violating  the  provisions  of  this  act  shall  be  guilty 

a"y  of  a  misdemeanor,  and  upon  conviction,  shall  be  fined  in  any  sum 

not  more  than  one  hundred  dollars  nor  less  than  ten  dollars,  to 

which  can  be  added  imprisonment  in  the  county  jail  for  a  period 

not  exceeding  six  months,  in  the  discretion  of  the  judge  or  jury 

trying  the  same. 

i<>5u™f  iAnn'  Stat'      Whoever  knowingly  sells,  or  directs  or  permits  any  person  in 

sec  2<M?°5)  k*s  empl°y  to  seH  any  property,  and  makes  or  gives  any  false  or 

snort2 weight  short  weight  or  measure  of  such  property;  and  any  person  own- 

ing, or  having  charge  of  scales,  measures  or  steel-yards,  for  the 
purpose  of  weighing  or  measuring  any  property,  who  knowingly 
reports  any  false  or  untrue  weight  or  measure,  whereby  any  per- 
son may  be  defrauded  or  injured, — shall,  on  conviction,  be  fined 
not  more  than  one  hundred  dollars  nor  less  than  ten  dollars. 

leiiing°7coai  by  false     Whoever  knowingly  sells  and  delivers  any  coal  except .  at  the 

weight  weight  and  measure  prescribed  by  law,  shall,  on  conviction,  be 

fined  not  less  than  five  dollars,  nor  more  than  one  hundred  dollars. 

ijs'voi.  f*™"  stat"     Whoever  packs,  brands,  or  sells,  or  causes  to  be  packed,  branded, 

sec ( 26*32' /w)        or  s°ld>  any  salt>  beef,  pork,  flour,  tobacco,  or  hay,  in  barrels  or 

short-weight  pack-packages,  as  full  barrels  or  packages,  when  such  barrels  or  packages 
do  not  contain  the  weight  which,  by  law,  they  are  required  to  con- 
tain, shall,  on  conviction,  be  fined  not  less  than  ten  dollars,  nor 
more  than  one  hundred  dollars. 


Indiana 


Whoever  alters  or  erases  any  brand  or  mark  of  any  inspector   |^r2-633 

erm 


r 

appointed  by  proper  authority,  placed  on  any  barrel  of  salt,  flour,  makesr 
beef,  pork,  or  hogshead  of  tobacco,  or  other  article  authorized  by 
law  to  be  inspected  and  branded,  shall,  on  conviction,  be  fined  not 
less  than  five  dollars,  nor  more  than  one  hundred  dollars. 

The  common  council  of  every  city  shall  have  power  to  enact  ordi-    Bums-  Ann.   stat. 
nances  for  the  following  purposes;  aTp!5^  °f  I9o8)l  vo1' 

Twenty-second:  To  regulate  the  selling,  weighing  and  meas-  <*w> 

tiring  of  hay,  wood,  coal,  coke  and  all  other  articles  sold  by  weight    Genera?  powers  of 
or  measure  ;  to  require  dealers  to  keep  honest  weights  and  meas-  °° 
ures  and  to  provide  for  inspection  of  such  weights  and  measures.1 

Whoever  knowingly  constructs,  or  uses  or  furnishes  to  gas  con-   seCctS6*T5>  p'  "6 
sumers  to  be  used,  any  false  meter  provided  for  measuring  and 
registering  the  quantity  of  gas  consumed  by  any  person  under  a    Gasmcters 
contract  with  any  gas  company,  shall,  on  conviction,  be  fined  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

The  operator  of  any  mine  at  which  the  miners  are  paid  by  weight    Burns>(  Tnn.  stat 
shall  provide  suitable  and  accurate  scales  of  standard  manufacture  SiyeP-  of  If>°s-  P-  w 
for  weighing  of  coal  which  may  be  procured  from  such  mines  ;  such    operator  of  mine  to 
operator  shall  be  required  to  keep  United  States  standard  weights  pn 
to  test  said  scales.     At  every  mine  where  the  coal  mined  is  paid 
for  by  weight  it  shall  be  the  duty  of  the  weighman  and  the  check- 
weighman  to  examine  and  balance  the  scales  each  morning,  and  in 
no  case  shall  any  coal  be  weighed  until  such  scales  are  tested  by 
the   United  States  standard  weights  and  found  to  be  correct. 
Said  weighman  shall  accurately  weigh  and  he  shall,  together  with 
the  check-  weighman,  record  the  weight  of  each  miner's  car  of  coal 
delivered,  which  record  shall  be  kept  open  at  all  reasonable  hours 
for  inspection  of  all  miners  or  other  persons  pecuniarily  interested 
in  the  product  of  such  mine  :  Provided,  That  if  the  weighman  and 
check-weighman   shall   disagree   work   may   continue   until   the 
inspector  of  mines  can  be  present,  and  any  erroneous  weights    settlement  of 
made  during  such  time  shall  be  rectified.     When  differences  shall  CB 
arise  between  the  weighman  and  check-weighman,  or  operator,  of 
any  mine  as  to  the  correctness  of  the  scales,  the  same  shall  be 
referred  to  the  inspector  of  mines,  whose  duty  it  shall  be  to  see  and 
regulate  the  same  at  once.     The  inspector  of  mines  and  miners 
employed  in  the  mine,  the  owner  of  the  land  and  others  personally 
interested  in  the  royalty  or  rental  of  such  mine  shall,  at  all  proper 
times,  have  full  right  of  access  to  and  examination  of  scales  orscateshts 
apparatus  used  for  weighing  coal  in  or  about  said  mine,  including 
the  bank  book  in  which  the  weights  of  coal  are  kept,  to  determine 
the  amount  of  coal  mined  for  the  purpose  of  attesting  the  accuracy 
thereof. 

'This  clause  does  not  authorize  the  establishment  of  scales  in  the  public  streets  (City  of  Tell  City  v. 
Billefeld,  20  App.  i,  49  N.  E.,  Rep.  1090). 


I2O  Laws  Concerning  Weights  and  Measures 


Stat"  Whenever  the  mining  of  coal  is  paid  for  by  weight,  the  miners 
employed  in  mining  the  same  shall  have  the  right  of  selecting  and 
keeping  in  the  weigh  office,  or  at  the  place  of  weighing  the  coal, 
a  check-weighman,  who  shall  be  vested  with  the  same  rights  as 
described  in  section  nine  [sec.  7437]  of  this  act,  said  check  weigh- 
man  to  be  paid  by  said  miners. 

inspector  Of     *    *    *     It  shall  be  the  duty  of  the  inspector  of  mines,  in  addi- 
11111168  tion  to  his  other  duties,  to  examine  all  scales  used  at  any  mine  for 

the  purpose  of  weighing  coal  taken  out  of  said  mine.  The  scales 
shall  be  tested  by  sealed  weights;  the  same  shall  be  furnished  to 
said  inspector  of  mines  by  the  Auditor  of  State  on  requisition, 
the  cost  of  which  shall  be  audited  by  the  Auditor  of  State,  and 
paid  out  of  any  money  in  the  State  Treasury  not  otherwise 
appropriated.  And  on  inspection,  if  the  scales  are  found  incor- 
rect and,  after  written  notice  by  the  inspector  of  mines  it  shall  be 
unlawful  for  any  operator  to  use  or  suffer  the  same  to  be  used, 
until  the  scales  are  adjusted  to  weigh  correctly.  The  provisions 
of  this  law  shall  apply  to  all  mines  except  to  mines  employing  less 
than  ten  men  *  *  *  . 

sJpp™oSf  i9tsnili.  9^"     Any  willful  neglect,  refusal  or  failure  to  do  the  things  required 

vSec  7456°°5)  *°  ke  done  by  any  section,  clause  or  provision  of  this  act,  on  the 

Wiiifai5  neglect,  faii-part  of  the  person  or  persons  herein  required  to  do  them,  or  any 

violation  of  the  provisions  or  requirements  hereof,  or  any  attempt 

to  obstruct  or  interfere  with  any  inspector  of  mines  in  the  discharge 

of  the  duties  herein  imposed  upon  him,  or  any  refusal  to  comply 

with  the  instructions  of  an  inspector  of  mines  by  authority  of  this 

penalties  ac^  shall  be  deemed  a  misdemeanor  punishable  by  a  fine  not 

exceeding  five  hundred  dollars  ($500)  or  by  imprisonment  in  the 

county  jail  for  a  period  not  exceeding  six  months,  or  both,  at  the 

discretion  of  the  court  :  Provided,  that  the  foregoing  shall  not  apply 

to  sections  in  this  act  which  have  special  penalties  provided  for 

them. 


IOWA 


The  standard  weights  and  measures  now  in  charge  of  the  secre- 
tary of  state,  furnished  by  the  government  of  the  United  States, 
shall  be  the  standard  weights  and  measures  throughout  the  state. 

The  unit  or  standard  measure  of  length  and  surface,  from  which 
all  other  measures  of  extension,  whether  they  be  lineal,  superficial 
or  solid,  shall  be  derived  and  ascertained,  shall  be  the  standard 
yard  now  in  possession  of  the  secretary  of  state,  furnished  by  the 
government  of  the  United  States.  It  shall  be  divided  into  three 
equal  parts  called  feet,  and  each  foot  into  twelve  equal  parts  called 
inches,  and  for  the  measure  of  cloths  and  other  commodities  com- 
monly sold  by  the  yard,  it  may  be  divided  into  halves,  quarters, 
eighths,  sixteenths.  The  rod,  pole  or  perch  shall  contain  five  and 
a  half  such  yards,  and  the  mile,  one  thousand  seven  hundred  and 
sixty  such  yards. 

The  acre  for  land  measure  shall  be  measured  horizontally  and 
contain  ten  square  chains,  and  be  equivalent  in  area  to  a  rectangle 
sixteen  rods  in  length  and  ten  in  breadth,  six  hundred  and  forty 
such  acres  being  contained  in  a  square  mile.  The  chain  for  measur- 
ing land  shall  be  twenty-two  yards  long,  and  be  divided  into  one 
hundred  equal  parts,  called  links. 

The  units  or  standards  of  weight,  from  which  all  other  weights 
shall  be  derived  and  ascertained,  shall  be  the  standard  avoirdupois 
and  troy  weights,  as  furnished  this  state  by  the  United  States. 
The  avoirdupois  pound,  which  bears  to  the  troy  pound  the  ratio 
of  seven  thousand  to  five  thousand  seven  hundred  and  sixty, 
shall  be  divided  into  sixteen  equal  parts  called  ounces;  the  hundred 
weight  shall  consist  of  one  hundred  avoirdupois  pounds,  and  twenty 
hundred  weight  shall  constitute  a  ton.  The  troy  ounce  shall  be 
equal  to  the  twelfth  part  of  a  troy  pound. 

The  unit  or  standard  measure  of  capacity  for  liquids,  from  which 
all  other  measures  of  liquids  shall  be  derived  and  ascertained,  shall 
be  the  standard  gallon  and  its  parts,  as  furnished  this  state  by  the 
government  of  the  United  States.  The  inch  or  gauge  of  cream 
shall  be  one-half  of  a  standard  gallon.  The  barrel  shall  be  thirty- 
one  and  a  half  gallons,  and  two  barrels  shall  constitute  a  hogshead. 

The  unit  or  standard  measure  of  capacity  for  substances  not 
liquids,  from  which  all  other  measures  of  such  substances  shall  be 


Code,  1897,  P-  1057 
Sec.  3009 

Standards 

Sec.  3010 

Length  and  surface 


Sec.  3011 
Land  measures 


Sec.  son 
Weight 


Sec.  3013 
Capacity 


Inch  oi  cream 
Barrel 

Hogshead 

Sec.  3014 
Substances 


not 


122 


Laws  Concerning  Weights  and  Measures 


•  derived  and  ascertained,  shall  be  the  standard  half  bushel,  fur- 
nished this  state  by  the  United  States,  and  the  peck,  half-peck, 
quarter-peck,  quart,  and  pint  measures,  for  measuring  commodi- 
ties not  liquids,  shall  be  derived  from  the  half  bushel  by  successively 
dividing  that  measure  by  two. 

contract's,  construe-     All  contracts  hereafter  made  within  this  state  for  work  to  be 
*ton  done,  or  for  anything  to  be  sold  or  delivered,  by  weight  or  measure, 

shall  be  taken  and  construed  according  to  the  standard  of  weights 
and  measure  hereby  adopted  as  the  standard  of  this  state. 

by8^0!^^"^     A  bushel  of    the  respective  articles  hereafter  mentioned,  will 
i47;  supp.  of  1907  tomean  the  amount  of  weight  in  this  section  specified: 1 

Code,  p.  725 


Bushel  by  weight  Pounds 

Apples 48 

Alfalfa  seed 60 

Barley 48 

Beans 60 

Beets 56 

Blackberries 30 

Blue  grass  seed 14 

Bran 20 

Broom-corn  seed 50 

Buckwheat 52 

Canary  seed 50 

Carrots 50 

Castor  beans 46 

Charcoal 20 

Cherries 4° 

Clover  seed 60 

Coke 38 

Corn  in  the  cob 70 

Corn  in  the  ear,  unhusked 75 

Corn  meal 50 

Cucumbers 48 

Currants 40 

Dried  apples 24 

Dried  peaches 33 

Flax  seed 56 

Gooseberries 40 

Grapes 40 

Green  beans,  unshelled 56 

Green  peas,  unshelled 50 

Hemp  seed 44 

Hickory  nuts 50 

Hungarian  grass 50 

Kaffir  corn 56 

Lime 80 

Millet  seed 50 


Pounds 

Oats 32 

Onions 57 

Onion-top  sets 30 

Onion  bottom  sets 32 

Orchard  grass 14 

Osage  orange  seed 32 

Parsnips 42 

Peaches 48 

Peanuts 20 

Peas 60 

Pop  corn  in  the  ear 70 

Pop  corn  shelled 56 

Potatoes 60 

Quinces 48 

Radish  seed 50 

Rape 50 

Raspberries 32 

Red  top 14 

Rutabagas. 50 

Rye 56 

Salt 80 

Sand 130 

Shelled  corn 56 

Sorghum  saccharatum  seed 50 

Spelt 35 

Stone  coal 80 

Strawberries 32 

Sweet  corn 50 

Sweet  potatoes 46 

Timothy  seed 45 

Tomatoes 50 

Turnips 55 

Walnuts 50 

Wheat 60 

Hen  eggs per  dozen . .  \ 


perch°of  mason  work     The  perch  of  mason  work  or  stone  consists  of  twenty-five  feet 

or  stone 


Sec.  301 


Sec.  3019 
Superintendent 


cubic  measure. 

The  standard  size  for  all  boxes  used  in  packing  hops  shall  be 
thirty-six  inches  long,  eighteen  inches  wide,  and  twenty-three  and 
one-fourth  inches  deep,  inside  measurement. 

A  superintendent  of  weights  and  measures  for  the  state,  who 
shall  possess  sufficient  learning  and  mechanical  skill  to  perform 


1  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  these  articles. 


Iowa 


123 


Sec.  3020 
Duties 


the  duties  of  the  office,  shall  be  appointed  by  the  governor  from' 
the  board  of  professors  of  the  university,  who  shall  hold  his  office 
during  the  pleasure  of  the  governor,  and  give  a  bond  in  the  penal 
sum  of  five  thousand  dollars  conditioned  for  the  faithful  discharge 
of  his  duties,  which  bond  shall  be  filed  with,  and  it  with  the 
sureties  thereon  approved  by,  the  secretary  of  state. 

He  shall  have  charge  of  the  standards  adopted,  and  keep  them 
in  the  building  furnished  by  the  state,  from  which  they  shall  in 
no  case  be  removed.  He  shall  provide  the  several  counties  with 
such  standards,  balances,  and  other  means  of  adjustment  as  may 
be  ordered  by  them,  and  as  often  as  once  in  ten  years  compare  the 
same  with  those  in  his  possession,  and  have  a  general  supervision 
of  the  weights  and  measures  of  the  state.  He  shall  procure  and 
keep  for  the  state  a  complete  set  of  copies  of  the  original  standard 
of  weights  and  measures,  which  shall  be  used  for  adjusting  the 
county  standards  and  in  no  case  shall  the  original  standards,  be  original  standards 
used  for  any  other  purpose  than  the  adjustment  of  this  set  of 
copies.  He  shall  also  procure  such  apparatus  and  fixtures  as  are 
necessary  in  the  comparison  and  adjustment  of  county  and  town 
standards.  He  shall  cause  to  be  impressed  upon  all  standards  of 
weights  and  measures  furnished  by  him  the  word  "Iowa"  and 
such  other  devices  as  he  shall  direct  for  the  particular  county, 
city  or  town,  and  the  county  sealers  shall  see  that,  in  addition  to 
the  above  device,  there  is  impressed  upon  the  town  and  city 
standards  such  other  device  as  the  board  of  supervisors  shall 
direct  for  them. 

When  the  superintendent  shall  resign,  be  removed  from  office, 
or  remove  from  Iowa  City,  or  when  any  city,  county  or  town 
sealer  shall  resign,  be  removed  from  office,  or  remove  from  the 
county,  city  or  town  in  which  he  shall  have  been  appointed  or 
elected,  the  person  so  resigning,  removed  or  removing  shall  deliver 
to  his  successor  in  office  all  the  standard  beams,  weights  and 
measures  in  his  possession. 

The  board  of  supervisors  of  any  county  may,  at  any  regular 
meeting,  provide  for  obtaining  from  the  state  superintendent  of 
weights  and  measures  such  standards  of  weights  and  measures  as 
it  may  be  deemed  necessary  for  its  county,  and  in  case  it  orders 
such  standards  it  shall  appoint  a  county  sealer  of  weights  and 
measures,  who  shall  hold  his  office  during  the  pleasure  of  the 
board.  The  county  sealer  shall  take  charge  of  the  county  stand- 
ards and  standard  balances,  and  provide  for  their  safe  keeping, 
and  provide  cities  and  towns  with  such  standard  weights  and 
measures  and  standard  balances  as  may  be  wanting,  and  compare 
them  with  those  in  his  possession  as  often  as  once  every  five  years. 

A  sealer  of  weights  and  measures  may  be  appointed  in  any  city 
or  town  by  the  council  thereof,  who  shall  hold  his  office  during  its 


Sec.  3021 

Delivery  to  successor 


Sec.  3022 
Sealer,  duties 


Sec.  3023 

Sealer  for  cities  and 
towns 


124  Laws  Concerning  Weights  and  Measures 

pleasure,  and  it  may  obtain  from  the  sealer  of  weights  and  meas- 
ures of  the  proper  county  such  standards  of  weights  and  measures 
as  may  be  necessary;  in  case  the  board  of  supervisors  of  a  county 
in  which  any  city  or  town  is  situated  has  not  obtained  such 
standards,  then  its  council  may  do  so.  Each  sealer  in  cities  and 
towns  shall  take  charge  and  provide  for  the  safe  keeping  of  the 
town  or  city  standards,  and  see  that  the  weights,  measures  and 
all  apparatus  used  for  determining  the  quantity  of  commodities 
used  throughout  the  town  or  city,  which  shall  be  brought  to  him 
for  that  purpose,  agree  with  the  standards  in  his  possession. 

lxpen°ses  All  expenses  directly  incurred  in  furnishing  the  several  counties, 

cities  and  towns  with  standards,  or  in  comparing  those  that  may 
be  in  their  possession,  shall  be  borne  by  them. 

Deuwq?  to  successor,  ^n  case  °^  tne  death  of  any  sealer  of  weights  and  measures,  his 
penalty  'representatives  shall  deliver  to  his  successor  in  office  such  beams, 

weights  and  measures,  and,  in  case  of  refusal  or  neglect  to  do  so, 
the  successor  in  office  may  maintain  an  action  against  the  person 
so  refusing  or  neglecting,  and  recover  for  the  use  of  such  county, 
city  or  town  double  the  value  thereof,  and  in  every  such  action  in 
which  judgment  shall  be  rendered  for  the  plaintiff  he  shall  recover 
double  costs. 

uscing°2faise  weights  ^  an^  Person  shall  hereafter  use  any  weights,  measures,  beams 
or  measures  or  other  apparatus  for  determining  the  quantity  of  commodities, 

which  shall  not  be  conformable  to  the  standards  of  this  state,  in 
any  counties  whose  standards  have  been  obtained  by  the  board 
of  supervisors,  or  in  any  city  or  town  after  such  standards  have 
been  obtained  therein,  whereby  any  person  shall  be  injured  or 

penalty  defrauded,  he  shall  pay  five  dollars  for  each  offence,  to  be  collected 

by  the  county,  city,  or  town  sealer,  and  shall  be  liable  to  the 
person  defrauded  in  treble  damages  and  costs.  Every  person 
keeping  any  store,  grocery  or  other  place  for  the  sale  or  purchase 
of  such  commodities  as  are  usually  sold  by  weight  or  measure,  shall, 
once  in  each  year,  procure  the  weights  and  measures  used  by  him  to 
be  compared  with  the  standard  herein  provided,  and  be  subject 
to  a  penalty  of  five  dollars  for  every  neglect  to  comply  with  this 
provision,  to  be  recovered  by  any  one  who  shall  prosecute  therefor. 

sec.  3027  All  persons  keeping  public  scales,  before  entering  upon  their 

Weighmasters        Ol  j     ,•  .-.  1111  i       <• 

public  scales  duties  as  weighmasters,  shall  be  sworn,  before  some  person  having 

Public  scale  authority  to  administer  oaths,  to  keep  their  scales  correctly  bal- 

anced, to  make  true  weights,  and  to  render  a  correct  account  to 
the  person  having  weighing  done.  Every  scale  shall  be  a  public 
one  for  the  use  of  which  a  charge  is  made. 

ceo'r3r°e8ct  weights,     Weighmasters  are  required  to  make  true  weights  and  keep  a  cor- 

standard  jor  testing    'rect  register  of  all  weighing  done  by  them,  giving  the  amount  of 

each  weight,  date  thereof,  and  the  name  of  the  person  or  persons 


Iowa  j  2  - 

for  whom  done,  and  give,  upon  demand,  to  the  person  having 
weighing  done,  a  certificate,  showing  the  weight,  date,  and  for 
whom  weighed.  Weighmasters  or  keepers  of  public  scales  kept  for 
the  purpose  of  weighing  stock  or  grain  shall  keep  a  standard  of 
weight,  not  less  than  fifty  pounds  avoirdupois,  for  the  purpose  of 
testing  such  scales,  and  at  least  once  a  month,  or  oftener,  if 
requested,  make  a  satisfactory  test  of  the  correctness  thereof. 

Any  weighmaster  or  keeper  of  public  scales,  violating  any  of  the   f*^8** 
provisions  of  the  two  preceding  sections,  shall  be  guilty  of  a  mis- 
demeanor and  fined  in  any  sum  not  over  twenty  nor  less  than  five 
dollars  for  each  offence,  and  be  liable  to  the  person  injured  for  all 
damages  sustained. 

The  board  of  supervisors  of  each  county,  as  often  as  may  be   Sec.3o3o 

«     «t          r  .     .  .  <•  1         I  J    ,          Inspector  of  shingles 

necessary,  shall  appoint  one  inspector  of  lumber  and  shingles,  who  and  lumber 
shall  have  power  to  appoint  one  or  more  deputies,  for  whose  con- 
duct he  shall  be  liable. 

Before  any  inspector  or  deputy  shall  enter  upon  the  duties  of  Oeatii3,0&nd 
his  office,  he  shall  take  an  oath  or  affirmation  that  he  will  faith- 
fully and  impartially  perform  the  duties  required  of  him  by  law, 
and  each  inspector  shall  give  bond,  with  sureties  to  be  approved 
by  the  county  auditor,  in  such  sum  as  the  board  of  supervisors  may 
require,  payable  to  the  state,  which  shall  be  deposited  with  the 
treasurer  of  the  county,  conditioned  for  the  faithful  and  impartial 
performance  of  his  duties;  and  any  person  who  suffers  injury  by  Damages 
the  incapacity,  neglect,  or  misconduct  of  such  inspector  or  his 
deputy  may  recover  damages  therefor  in  an  action  on  such  bond, 
but  such  action  shall  be  commenced  within  one  year  after  the 
cause  of  action  accrues. 

The  inspectors  or  their  deputies,  within  their  respective  coun-  f>uties?counterfeiting 
ties,  shall  inspect  all  lumber,  boards,  and  shingles,  when  applied brand 
to  for  that  purpose,  and  when  inspected,  stamp  on  the  same,  with 
branding  irons,  made  for  that  purpose,  the  name  of  the  state  and 
county  where  inspected,  and  the  kind  and  quality  of  the  article 
inspected,  which  iron  shall  be  made  and  lettered  as  directed  by  the 
board  of  supervisors,  and  every  inspector  shall  make,  in  a  book 
kept  for  that  purpose  distinct  entries  of  all  articles  inspected  by 
him  or  his  deputies,  with  the  names  of  the  persons  for  whom  said 
articles  were  inspected ;  and  any  person  who  shall  counterfeit  said 
brands  or  marks  or  either  of  them,  shall  be  guilty  of  forgery,  and 
be  punished  accordingly. 

A  shingle  shall  be  sixteen  inches  in  length,  four  inches  wide,  |f 
half  an  inch  thick  at  the  butt,  clear  of  sap,  designated  as  first  and 
second  quality,  and  each  bundle  branded  with  the  quality  and 
name  of  the  inspector.  All  lumber  shall  be  divided  into  four 
qualities  and  designated  as  clear,  first  common,  second  common, 
and  refusal. 


126  Laws  Concerning  Weights  and  Measures 

compensation  of  su-     The  salary  of  the  superintendent  of  weights  and  measures  shall 
perintendent  ke  fifty  dollars  per  annum, 

compensation     Each  sealer  of  weights  and  measures  shall  receive  the  following 

of  sealer  f  CCS  '. 

1 .  For  sealing  and  marking  every  beam,  ten  cents. 

2.  For  sealing  and  marking  measures  of  extension,  at  the  rate 
of  ten  cents  per  yard,  not  to  exceed  fifty  cents  for  any  one 
measure. 

3.  For  sealing  and  marking  every  weight,  five  cents. 

4.  For   sealing   and   marking   liquid   and   dry   measures,    five 
cents  for  each  measure. 

5.  He  shall  also  be  entitled  to  a  reasonable  compensation  for 
making  weights  and  measures  conform  to  the  standards  in  his 
possession. 

sec.  3036  The  inspector  of  lumber  and  shingles  shall  receive : 

Compensation  of   In-  ^         \  .  ,  •  i          i  r  -L     it-  j 

spector  of  lumber  i.  For  inspecting  and  measuring  lumber,  for  each  thousand 

feet,  board  measure,  fifteen  cents. 

2.  For  inspecting  shingles,  for  each  thousand,  fifteen  cents. 

faise504£reignts  and     If  any  person,  with  intent  to  defraud,  use  a  false  balance, 
measures  weight  or  measure  in  the  weighing  or  measuring  of  anything 

whatever  that  is  purchased,  sold,  bartered,  shipped,  or  delivered 
for  sale  or  barter,  or  that  is  pledged  or  given  in  payment,  he  shall 
be  fined  not  exceeding  five  hundred  nor  less  than  fifty  dollars, 
or  be  imprisoned  in  the  county  jail  not  more  than  six  months, 
or  both. 

feline5  The  magistrate  granting  a  warrant  of  arrest  under  the  pre- 

ceding section  must  also  direct  the  seizure  of  the  false  weights, 
balances  or  measures,  and  if  the  party  be  convicted,  or  they  are 
found  to  be  false,  they  shall  be  forfeited  to  the  county,  and  after 
being  made  of  the  standard  weight  or  measure,  may  be  sold, 
and  the  money  arising  from  such  sale  must  be  paid  into  the 
county  treasury. 

code,  1897,  p.  1964        If  any  person  falsely  alter  any  stamp,  brand  or  mark  on  any 
cask,  package,  box  or  bale  containing  merchandise  or  produce, 

Penalty   for    altering  ',  ,.          ~  •    j     j    r         it- 

brands,  etc.  made  by  a  public  officer,  appointed  for  that  purpose,  in  order 

to  denote  the  quality,  weight  or  quantity  of  the  contents  thereof, 

with  intent  to  defraud,  he  shall  be  fined  not  more  than  five  hundred 

dollars  and  imprisoned  in  the  county  jail  not  exceeding  one  year. 

sec.  5047  If  any  person  counterfeit  any  mark,  stamp  or  brand  of  another, 

Penalty    for  counter-          «•    «      i    r  «  1  i  i_i  i-x 

teiting  mark  of  another  or  falsely  mark  any  cask,  package,  box  or  bale  as  to  quality  or 

quantity,  with  intent  to  defraud,  he  shall  be  fined  not  exceeding 

two  hundred  dollars,  or  be  imprisoned  in  the  county  jail  not  more 

than  six  months,  or  both. 

sec.  5048  if  any  person,  with  intent  to  defraud,  use  any  cask,  package, 

Fraudulently  using  /  T  111  j     j  J  ^  I-L.          r 

stamped  cask,  etc.       box  or  bale,  marked,  branded  or  stamped  by  another,  for  the  sale 


Iowa 

of  merchandise  or  produce  of  an  inferior  quality  or  less  in  quantity 
or  weight  than  is  denoted  by  such  mark,  stamp  or  brand,  he  shall 
be  imprisoned  in  the  county  jail  not  more  than  one  year,  or  fined 
not  exceeding  two  hundred  dollars,  or  both. 

Every  barrel,  bag,  parcel  or  package  of  flour,  containing  one 
pound  or  more,  offered  or  exposed  for  sale  in  the  state  of  Iowa, 
for  use  within  this  state,  shall  have  affixed  thereto  in  a  con- 
spicuous place  on  the  outside  thereof,  distinctly  printed  in  the 
English  language,  in  legible  type  not  smaller  than  eight  point 
heavy  Gothic  capital  letters,  a  statement  certifying  the  number 
of  net  pounds  contained  in  the  package.  Any  person  who  shall  Fiour.  net  weight  of 
sell  any  package  of  flour  which  shall  be  stamped  or  labeled  with 
a  greater  number  of  pounds  net  than  such  package  actually 
contains,  or  shall  sell  flour  in  any  manner  contrary  to  the  pro- 
vision of  this  section,  shall  be  deemed  guilty  of  a  misdemeanor,  Penalty 
and  upon  conviction  thereof,  shall  be  fined  in  a  sum  of  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars,  provided, 
that  in  determining  the  net  weight  at  the  time  of  sale,  the  reason- 
able and  ordinary  shrinkage,  if  any,  may  be  included. 

That  the  state  food  and  dairy  commissioner  and  his  assistants    *g^  w* 
are  each  hereby  empowered  and  it  is  hereby  made  their  duty,  to    state  Food  and  pauy 

'..-*»  .    *  f  1  Commissioner  and  as- 

make  an  inspection  of  scales,  weights  and   measures  whereeversistantstomspectscaies, 
the  same  are  kept  for  use  in  connection  with  the  sale  of  merchan-  we  g 
disc  or  other  commodities  sold  by  weight  or  measurement,  or 
where  the  price  to  be  paid  for  producing  or  manufacturing  any 
article  or  commodity  is  based  upon  the  weight  or  measurement 
thereof,  within  this  state,  and  he  is  hereby  authorized  and  directed 
to  procure  from  the  State  Superintendent  of  Weights  and  Meas- 
ures such  standards  of  weights  and  measures  as  may  be  necessary 
to  enable  him  and  his  assistants  to  perform  the  duties  conferred 
upon  them  by  this  act. 

Whenever  complaint  shall  be  made  to  the  state  food  and  dairy    |£^laints  of  f alse  or 
commissioner  that  any  false  or  incorrect  scales,  weights  or  meas-  incorrect  scales,  etc. 
ures  are  being  made  use  of  by  any  person,  firm  or  corporation  in 
the  purchase  or  sale  of  merchandise  or  other  commodities  or  in 
weighing  any  article  or  commodity,  the  piece  price  paid  for  pro- 
ducing which  is  determined  by  weight  or  measure,  it  shall  be  his 
duty  to  cause  the  same  to  be  inspected  as  soon  as  the  duties  of 
his  office  will  permit,  and  he  shall  make  such  other  inspection  of 
weights  and  measures  as  in  his  judgment  is  necessary  or  proper 
to  be  made. 

If  any  person  engaged  in  the  purchase  or  sale  of  merchandise  or    f^jy 
other  commodities  by  weight  or  measurement  or  in  the  employ- 
ment of  labor  where  the  price  thereof  is  to  be  determined  by 
weight  or  measurement  of  the  articles  or  thing  upon  which  such 
labor  is  bestowed,  as  specified  in  section  one  (i)  of  this  act,  be 


128  Laws  Concerning  Weights  and  Measures 

found  having  in  his  place  of  business  any  scales,  weights,  measure 
or  other  apparatus  for  determining  the  quantity  of  any  com- 
modity, which  does  not  conform  to  the  standards  of  weight  and 
measurement  of  this  state,  shall  be  guilty  of  a  misdemeanor  and 
for  the  first  offense  shall  be  fined  not  less  than  ten  nor  more  than 
one  hundred  dollars,  and  for  each  subsequent  offense,  not  exceed- 
ing five  hundred  dollars,  or  imprisonment  in  the  county  jail  not 
exceeding  ninety  days. 

how  paid  The  state  food  and  dairy  commissioner  shall  pay  from  the  ap- 
propriations for  his  office,  any  and  all  expense  incurred  in  procur- 
ing the  necessary  standards  from  the  state  superintendent  of 
weights  and  measures. 

'il'S?  to  Code'     Hvery  lot  in  bulk,  barrel,  bag,  pail,  parcel  or  package  of  con- 
(1907)  centrated  commercial  feeding  stuffs  as  defined  in  section  three  (3) 

statementaof  weight  [Sec.  5O77-a8]  of  this  act;  and  every  parcel,  package  or  lot  of 

to  be  affixed  to  concen-          .       ,    '        ,  j  jr-        j    •  *•  •          /    \    re*  T      * 

trated  commercial  feed-  agricultural  seeds  as  denned  in  section  nine  (9)  [Sec.  5077^14]  of 
ing  stuffs  ^is  act,  and  containing  one  pound  or  more,  offered  or  exposed 

for  sale  in  the  state  of  Iowa  for  use  within  this  state,  shall  have 
affixed  thereto,  in  a  conspicuous  place  on  the  outside  thereof,  dis- 
tinctly printed  in  the  English  language  in  legible  type,  not  smaller 
than  eight  point  heavy  Gothic  caps,  or  plainly  written  a  statement 
certifying  : 

i  .  In  case  of  concentrated  commercial  feeding  stuffs  : 

First.  The  number  of  net  pounds  of  feeding  stuff  in  the  pack- 


O  Off* 


*T"          *i* 


cjoncsent7rattd  com-  The  term  concentrated  commercial  feeding  stuffs,  as  used  in 
defined1  feeding  stuffs  this  act,  shall  include  alfalfa  meals  and  feeds;  dried  beet  refuse; 
ground  beef  or  fish  scraps;  bean  meals;  dried  blood;  brewers 
grains,  both  wet  and  dry;  cerealine  feeds;  cocoanut  meals;  corn 
feeds;  corn  and  oat  feeds;  corn,  oat  and  barley  feeds;  compounds 
under  the  name  of  corn  and  cob  meals;  corn  bran;  clover  meal; 
cottonseed  meal  and  feeds;  germ  feeds;  distillers  grains;  gluten 
meals;  gluten  feeds;  hominy  feeds;  linseed  meals;  malt  refuse; 
malt  sprouts;  meat  meals;  meat  and  bone  meals;  mixed  feeds  of 
all  kinds;  oil  meals  of  all  kinds;  oat  feeds;  oat  bran;  oat  flour;  oat 
middlings;  oat  shorts;  pea  meals;  poultry  foods;  rice  bran;  rice 
meal;  rice  polish;  rye  bran;  rye  middlings;  rye  shorts;  starch  feeds 
and  starch  factory  by-products;  tankage  and  packing  house  by- 
products; wheat  bran;  wheat  middlings;  wheat  shorts;  and  low 
grade  wheat  flour;  and  all  materials  of  similar  nature  used  for 
domestic  animals;  also  condimental  stock  foods;  patented  pro- 
prietary or  trade  marked  stock  or  poultry  feeds  claimed  to  possess 
medicinal  or  nutritive  properties  or  both;  and  all  other  materials 
intended  for  feeding  to  domestic  animals.  But  it  shall  not  include  : 
hay,  straw,  whole  seeds;  unmixed  meals  made  from  the  entire 


Iowa  I2g 

grains  of  wheat,  rye,  barley,  oats,  Indian  corn,  buckwheat,  and 
broom  corn;  nor  wheat  flours  nor  other  flours  fit  for  human 
consumption. 

The  term  agricultural  seeds,  as  used  in  this  act,  shall  include  the  ^c  s°7?-ai4 
seeds  of  the  red  clover,  white  clover,  alsike  clover,  alfalfa,  Ken- feed""1 
tucky  blue  grass,  timothy,  brome  grass,  orchard  grass,  red  top, 
meadow  fescue,  oat  grass,  rye  grass  and  other  grasses  and  forage 
plants,  flax,  rape  and  cereals. 

That  every  person,  firm  or  corporation  engaged  in  operating  l8Supp-8I^>7>  to  Code' 
any  railroad  within  the  state  of  Iowa  shall  equip  the  line  of  its  track '  \    P  w>M 
and  thereafter  maintain  thereon  in  good   order,  track  scales   of   TrackJcaies-where 
sufficient  capacity  to  weigh  all  carloads  of  coal  that  may  be  trans-  tmcates~weight 
ported  over  the  said  railroad,  and  shall  weigh  the  same  at  the 
request  of  any  owner,  consignor  or  consignee  of  such  commodities, 
and  furnish  written  certificates  of  such  weights  to  such  owner, 
consignor  or  consignee  as  hereinafter  provided.     Such  track  scales 
shall  be  so  installed  and  maintained  at  all  division  stations  along 
the  line  of  such  railroads  within  the  state  of  Iowa,  and  at  such 
other  stations  as  the  board  of  railroad  commissioners  shall  from 
time  to  time  direct. 

That  every  person,  firm  or  corporation  engaged  in  operating  any  weish&iTot  coai  at 
railroad  within  the  state  of  Iowa,  over  which  coal,  in  carload  lots  P16  BhiPment 
shall  be  transported  for  hire,  shall  weigh  such  coal  at  point  where 
such  shipment  originates  unless  covered  by  weight  agreement 
between  consignor  and  railway  company,  provided  such  point  is 
equipped  with  track  scales.  If  not  so  equipped,  it  shall  be  weighed 
at  first  practicable  point  en  route  where  track  scales  are  provided. 
Said  person,  firm  or  corporation  shall  furnish  to  said  shipper  a  bill 
of  lading  showing  date  and  place  weighed,  also  the  gross,  tare  and 
net  weight  for  each  carload  of  coal  so  weighed.  The  tare  weight 
shall  be  determined  by  using  actual  weight  of  empty  car  at  load- 
ing station,  provided  track  scales  are  maintained  at  such  point. 

Such  coal  shall  be  weighed  at  destination  upon  request  of  con- 
signee  when  there  are  track  scales  at  such  point.  If  not  equipped  tion  upon  request-fee 
with  track  scales  at  such  point,  then  at  nearest  practicable  point 
en  route  where  such  scales  are  maintained  and  certificate  of 
weight  showing  actual  gross,  tare  and  net  weights,  shall  be  fur- 
nished to  consignee  and  settlement  of  freight  charges  based  on 
these  weights.  A  reasonable  charge  of  not  more  than  $1.00  per 
car,  may  be  made  for  such  weighing  on  request. 

Cars  when  weighed  on  track  scales  shall  be  uncoupled,  clear  and 
unhampered  at  both  ends,  carefully  weighed  by  competent  weigh- 
men  and  certificates  issued  upon  request  of  consignees,  showing 
gross,  tare  and  net  weights. 

8578°— 12 9 


130  Laws  Concerning  Weights  and  Measures 

Priinaiacfe  evidence  Certificates  mentioned  in  this  act  shall  be  prima  facie  evidence 
of  the  facts  therein  recited  in  any  action  arising  between  con- 
signors and  consignees  and  common  carriers. 

Penalty  Any  common  carrier  operating  in  this  state  violating  any  of  the 

provisions  of  this  act  by  neglecting  or  refusing  to  weigh  cars  or  to 
furnish  certificates  of  weights  as  herein  provided  shall  be  guilty 
of  a  misdemeanor  and  shall  be,  upon  conviction  thereof,  fined  in 
the  sum  of  not  more  than  one  hundred  and  twenty-five  dollars 
($125.00)  for  each  and  every  violation. 

supp.  1907  to  code,  T he  owner  or  operator  shall,  if  the  miners  are  paid  by  weight, 
^'(?m*Q6;  1900)  provide  the  mine  with  suitable  scales  of  standard  make,  and 

scdoj 'and  weighers  require  the  person  selected  to  weigh  the  coal  delivered  from  the 
mine  to  be  sworn  before  some  person  authorized  to  administer 
oaths,  to  the  effect  that  he  will  keep  the  scales  correctly  and  truly 
balanced,  and  accurately  weigh  and  a  true  record  keep  of  each  car 
delivered,  which  oath,  with  that  of  the  checkweighman  herein- 
after provided  for,  shall  be  conspicuously  displayed  with  record 
of  weights  at  the  place  of  weighing,  which  record  shall  carry  the 
account  of  each  miner  by  itself,  be  open  to  the  inspection  at  all 
proper  times  of  miners  and  all  others  having  a  pecuniary  interest 
in  the  mine  and  all  damages  sustained  on  account  of  a  failure  to 
weigh  and  credit  to  the  proper  person  any  coal  mined  shall  be 
recoverable  in  an  action  brought  within  two  years  from  the  time 
the  right  thereto  accrued,  and  a  knowledge  of  a  violation  of  this 
provision  by  the  miner  shall  not  be  a  defense  thereto.  The  miners 
employed  and  working  in  any  mine  may  furnish  a  competent 
checkweighman,  who,  before  entering  upon  his  duties,  shall  make 
and  subscribe  to  an  oath  to  the  effect  that  he  has  duly  qualified 
and  will  faithfully  discharge  his  duties  as  checkweighman,  and  he 
shall  at  all  proper  times  have  access  to  and  the  right  to  examine 
the  scales,  machinery  or  apparatus  used  in  weighing  and  seeing 
all  measures  and  weights  of  coal  mined  and  the  accounts  kept 
thereof;  but  not  more  than  one  person  on  the  part  of  the  miners 
collectively  shall  have  this  right,  and  such  examination  and 
inspection  shall  be  so  made  as  to  create  no  unnecessary  interfer- 
ence with  the  use  of  such  scales,  machinery  or  apparatus.  The 
owner  or  agent  shall,  where  the  miner  is  by  contract  to  be  paid  by 
the  ton  or  other  quantity,  unless  otherwise  agreed  upon  in  writ- 
ing, weigh  the  coal  before  screening,  and  the  miner  shall  be  cred- 
ited at  the  rate  of  eighty  pounds  to  the  bushel  and  two  thousand 
pounds  to  the  ton,  but  no  payment  shall  be  demanded  for  sulphur, 
rock,  slate,  blackjack,  dirt  or  other  impurities  which  may  be 
loaded  or  found  with  the  coal.  *  *  * 

Code'  (rf^j*'  ***         Any  person  or  corporation,  or  the  employee  of  such  person  or 

iabcocic  test;  stand-  corporation,  who  operates  a  creamery  or  cheese  or  condensed 
ard  tube  for  milk  factory,  and  uses  a  chemical  milk  test  to  determine  the  quan- 


Iowa 

tity  of  butter  fat  in  milk  purchased,  used  or  received,  shall  so  use 
only  such  tests  as  shall  be  clear  oil,  free  from  any  foreign  substance, 
and  produce  correct  measurements  of  butter  fat,  and  every  such 
person  or  corporation  using  a  milk  test  shall  procure  from  the 
dairy  commissioner  for  each  factory  so  operated  one  standard 
tube  or  bottle,  and  one  standard  measure  or  pipette,  for  testing 
milk,  certified  and  marked  by  him  as  in  this  chapter  provided, 
which  shall  be  kept  for  inspection  by  the  patrons  and  used  by 
such  person  or  corporation  in  testing  or  verifying  test  tubes  or 
bottles  and  milk  measures  or  pipettes  used.  In  any  action  aris- 
ing between  any  such  operator  and  patron,  the  burden  of  estab- 
lishing the  use  of  reliable  tests  and  the  results  therefrom,  equiva- 
lent to  the  standard  herein  provided,  shall  be  upon  the  operator. 

It  shall  be  unlawful  for  the  owner,  manager,  agent  or  employe 
of  a  cheese  factory,  creamery  or  condensed  milk  factory  to  falsely  . 

manipulate  or  under-read  or  over-read  the  Babcock  test  or  any   Mteewfing  or  ma- 
other  contrivance  used  for  determining  the  quantity  of  milk  or  of  "•nk  or 
cream,  or  to  make  any  false  determination  of  the  said  Babcock 
test  or  otherwise. 

Whosoever  shall  violate  any  of  the  provisions  of  this  act  shall, 
upon  conviction  thereof,  be  fined  not  less  than  twenty-five  dollars 
nor  more  than  one  hundred  dollars. 


KANSAS 

Such  standard  weights  and  measures  as  have  been  furnished  to    .     (i?°?) 

Oen.  Stat.,  1909 

this  state  by  the  government  of  the  United  States,  in  accordance   |ec  9738 

.    .     J  ,°    .  f  f~\  State  standards 

with  a  joint  resolution  of  Congress,  approved  June  14,  1836,  and 
such  weights,  measures,  balances  and  measuring  devices  as  may 
be  received  from  the  United  States  as  standard  weights,  measures, 
balances  and  measuring  devices,  in  addition  thereto,  or  in  renewal 
thereof,  shall  be  the  authorized  standards  of  the  state  of  Kansas. 

The  units  of  standard  measures  of  length  and  surface  from  which   sec.  9739 
all  other  measures  of  extension,  whether  lineal,  superficial  or  solid,  surface  measure 
shall  be  derived  and  ascertained,  are  the  standard  of  length  desig- 
nated in  this  act.     The  yard  is  divided  into  three  equal  parts  called   Yard;  foot;  inches 
feet,  and  each  foot  into  twelve  equal  parts  called  inches.     For 
measures  of  cloth  and  other  commodities  commonly  sold  by  the 
yard,  the  yard  may  be  divided  into  halves,  quarters,  eighths,  and 
sixteenths.     The  rod,  pole  or  perch  contains  5^2  yards;  the  mile, m*°d;  v01*'   ***<*• 
1760  yards.     The  chain  for  measuring  land  is  22  yards  long,  and    chain;  link 
is  divided  into  100  equal  parts  called  links.     The  acre  for  land    Acre 
measure  shall  be  measured  horizontally  and  contain   10  square 
chains,  equivalent  in  area  to  a  rectangle  16  rods  in  length  and  10 
in  breadth ;  640  acres  being  contained  in  a  square  mile. 

The  units  of  standards  of  weight,  from  which  all  other  weights    un^oY  weight 
shall  be  derived  and  ascertained,  shall  be  the  standard  weights    Hundredweight;  ton 
designated  in  this  act.     The  hundredweight  consists  of  100  avoir- 
dupois pounds,  and  a  ton  contains  20  hundredweights.     Wherever 
hereafter  in  this  act  the  word  pound  is  used  it  shall  mean  the 
avoirdupois  pound  unless  otherwise  distinctly  specified. 

The  units  of  standards  of  measure  of  capacity  for  commodities  ffnitfofdry  measure 
not  liquids,  from  which  all  other  measures  shall  be  derived  and 
ascertained,  shall  be  the  standards  for  such  commodities  desig- 
nated in  this  act.  The  peck,  half-peck,  quarter-peck,  quart,  pint 
and  half -pint  measures  for  measuring  commodities  which  are  not 
liquids  shall  be  derived  from  the  half-bushel  by  successively 
dividing  that  measure  by  two. 

The  units  of  standards  of  measure  of  capacity  for  liquids,  from 
which  all  other  measures  shall  be  derived  and  ascertained,  shall ure 
be  the  standard  liquid  measures  designated  in  this  act.     The  liquid 
gallon  shall  be  divided  by  continual  division  by  the  number  two  so 
as  to  make  half-gallons,  quarts,  pints,  half-pints  and  gills. 


134 


Laws  Concerning  Weights  and  Measures 


Sec.  9745  as  amended 
by  Laws,  1911,  ch.  334, 


Electrical  measure*     The  standards  of  electrical  measures  recognized  by  the  National 
Bureau  of  Standards  when  procured  by  the  state  shall  be  the 
standard  of  electrical  measures  in  the  state  of  Kansas, 
and     The  weights  and  measures  of  the  metric  system  shall  be  legal 
weights  and  measures  in  the  state  of  Kansas. 

That  the  State  Board  of  Health  shall  be  charged  with  the  duties 

c         c         '          xi.  •    •  C  4.1  • 

P.  59s  of  enforcing  the  provisions  of  this  act. 

%htcsmpnerofbarrei  That  mill  products  hereinafter  mentioned  shall  have  only  the 
and  per  bushel  following  standard  weights,  and  whenever  any  of  the  following 
articles  shall  be  contracted  for,  or  sold,  or  delivered,  and  no  special 
contract  or  agreement  shall  be  made  to  the  contrary,  such  sale  and 
all  computations  for  payment  or  settlement  therefor  shall  be  by 
weight.  The  net  and  gross  weight  shall  be  as  follows : 

Barrels  of  wheat  and  rye  flour,  in  wood,  one  hundred  and  ninety- 
six  pounds  net; 

Half  barrels  in  wood,  ninety-eight  pounds  net; 

Half  barrels  in  cotton  sacks,  ninety-eight  pounds  gross; 

One-fourth  barrels  in  cotton  sacks,  forty-eight  pounds  gross; 

One-eighth  barrels  in  cotton  sacks,  twenty -four  pounds  gross; 

One-sixteenth  barrels  in  cotton  sacks,  twelve  pounds  gross; 

Corn  meal  in  sacks,  thirty-five  pounds  gross; 

Half  sacks,  seventeen  andf  one-half  pounds  gross; 

One-fourth  sacks,  eight  and  three-fourths  pounds  gross; 

And  all  feed  made  from  cereals  of  any  kind,  whether  pure, 
mixed,  or  adulterated,  one  hundred  pounds  per  sack  gross. 

And  the  following  articles,  per  bushel: 

Pounds. 

Salt 80 

Castor  beans 46 

Hemp  seed 44 

Native  bluegrass  seed 14 

English  bluegrass  seed 22 

Timothy  seed 45 

Dried  peaches 33 

Dried  apples 24 

Green  apples 48 

Unslacked  lime 80 

Plastering-hair,  unwashed 8 

Plastering-hair,  washed 4 

Parsnips 50 

Carrots 50 

Beets 56 

Tomatoes 56 

Peaches 48 

Shelled  dried  peas 60 

Alfalfa  seed.  .  60 


Pounds. 

Wheat 60 

Rye 56 

Indian  corn,  in  the  ear 70 

Kaffir  corn 56 

Rice  corn 56 

Corn,  shelled 56 

Sorghum  seed 50 

Buckwheat 50 

Barley 48 

Malt 32 

Oats. 32 

Beans 60 

Clover  seed 60 

Hungarian  and  millet  seed 50 

Potatoes , 60 

Sweet  potatoes 50 

Turnips 55 

Flaxseed 56 

Onions 57 


now  con-  All  contracts,  sales  or  purchases  hereafter  made  for  work  to  be 
done,  or  for  anything  to  be  sold  or  delivered  or  done,  by  weight 
or  measure,  within  this  state,  shall  be  taken  and  construed  in 


Kansas 

terms  of  and  according  to  the  standards  of  weights  and  measures 
adopted  by  this  act,  except  where  parties  have  agreed  upon  any 
other  calculations  or  measurements ;  and  all  statements  and  repre- 
sentations of  any  kind  referring  to  the  weights  or  measures  of 
commodities  sold  or  purchased,  or  exposed  for  sale,  shall  be 
understood  in  terms  of  the  standards  of  weights  or  measures  afore- 
said. 

All  dry  commodities  not  otherwise  specified  in  this  act  shall  be 
sold  only  by  standard  dry  measure,  standard  weight,  or  numerical  ^^ 
count,  except  where  parties  otherwise  agree. 

Berries  and  small  fruits  whenever  sold  in  boxes  shall  be  sold  in  kf^^i^T ended 
boxes  containing  standard  liquid  quart  or  liquid  pint,  and  if  said   Berry  boxes-  caPacity 
boxes  contain  less  than  this  amount,  the  information  must  be  given 
to  the  purchaser  by  such  package  being  labeled  with  a  statement    T°  t><*  labeled,  when 
of  the  net  contents. 

All  milk  or  cream  that  shall  be  sold  in  bottles  shall  be  sold  only    Muk9and  other  liquid 
in    bottles    containing    half -pints,  pints,  quarts,    half-gallons,  Orcommodl;ie8' how  •old 
gallons.     All  other  liquid  commodities  shall  be  sold  only  by  stand- 
ard   liquid    measure  or  standard  weight,  except  where    parties 
otherwise  agree.  Sec 

A  loaf  of  bread  for  sale  shall  be  two  pounds  in  weight.     Bread,    Bread?weightof;how 
unless  composed  in  chief  part  of  rye  or  maize,  shall  be  sold  only  in §oi 
whole,  half  and  quarter  loaves,  and  not  otherwise.     Bread,  when 
sold,  shall,  upon  the  request  of  the  buyer,  be  weighed  in  his  pres- 
ence, and  if  found  deficient  in  weight,  additional  bread  shall  be 
delivered  to  make  up  the  legal  weight,  except  that  this  section 
shall  not  apply  to  rolls  or  to  fancy  bread  weighing  less  than  one-    To  be  iabeied,  whea 
quarter  of  a  pound.     Every  loaf,  half-loaf  or  quarter-loaf  of  bread 
which  does  not  weigh  the  full  weight  required  by  this  section  shall 
be  plainly  labeled  with  the  exact  weight. 

A  print  or  package  of  butter  shall  contain  sixteen  ounces  avoir-    f^/weight  Of 
dupois,  and  when  a  print  or  package  of  butter  containing  less  than    TO  be  labeled,  when 
sixteen  ounces  avoirdupois  shall  be  sold  its  net  weight  shall  be  dis- 
closed by  the  seller  to  the  buyer,  or  a  statement  of  the  net  weight 
be  made  upon  a  label  attached  thereto. 

A  person  who,  by  himself  or  by  his  servant  or  agent,  or  as  the    use  of  teise  weight  or 
servant  or  the  agent  of  another,  uses  a  weight,  measure,  balance measure 
or  measuring  device  that  is  false  and  does  not  conform  to  the 
authorized  standard  for  determining  the  quantity  of  any  com- 
modity or  article  of  merchandise,  or  sells  or  exposes  for  sale  less 
than  the  quantity  which  he  represents,  or  sells  or  offers  for  sale 
commodities  in  a  manner  contrary  to  law,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be  fined  in 
a  sum  of  not  less  than  five  dollars  nor  more  than  one  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  for  not  more  than 


136  Laws  Concerning  Weights  and  Measures 

ninety  days,  or  by  both  such  fine  and  imprisonment.  He  shall 
also  be  liable  to  the  injured  party  in  double  the  amount  of  the 
property  wrongfully  taken  or  not  given,  and  ten  dollars  in  addi- 
tion thereto,  to  be  recovered  in  any  court  of  competent  jurisdic- 
tion. The  selling  and  delivery  of  any  commodity  or  article  of 

Prima  facie  evidence  merchandise  shall  be  prima  facie  evidence  of  representations  on 
the  part  of  the  vendor  that  the  quantity  sold  and  delivered  was 
the  quantity  bought  by  the  vendee.  There  shall  be  taken  into 
consideration  the  usual  and  ordinary  leakage,  evaporation  or 
waste  that  there  may  be  from  the  time  the  package  is  filled  by 

Tolerance  the  vendor  until  the  selling  of  the  same;  a  slight  variation  from 

the  stated  weight,  measure  or  quantity  for  individual  packages  is 
permissible,  provided  this  variation  is  as  often  above  as  below  the 
weight,  measure  or  quantity  stated. 

ftate'seajer,  who  is  The  chancellor  of  the  University  of  Kansas,  at  Lawrence, 
shall  be  ex  officio  state  sealer  of  weights  and  measures  (hereafter 
referred  to  in  this  act  as  the  state  sealer),  and  shall  have  the  care 
and  custody  of  the  authorized  public  standards  of  weights  and 
measures  and  of  balances  and  other  apparatus  of  all  kinds  owned  by 

Dunes  oi  the  state  under  section  i  [sec.  9738]  of  this  act.  He  shall  maintain 

the  state  standards  in  good  order  and  submit  them  at  least  once  in 
every  ten  years  to  the  National  Bureau  of  Standards  for  verifica- 
tion. He  shall  compare  and  adjust  by  the  state  standards  all 
county,  municipal  and  other  official  standard  weights,  measures, 
balances  and  measuring  devices  which  may  be  sent  or  brought  to 
him  for  that  purpose,  and  shall  seal  the  same  when  found  or  made 
to  conform  to  the  state  standards,  by  stamping  upon  each  the 
letter  "  K"  and  the  last  two  figures  of  the  year  in  which  the  said 
comparison  and  adjustment  has  been  made,  with  seals  which  he 
shall  have  and  keep  for  that  purpose;  provided,  that  he  may 
refuse  to  compare  and  seal  any  weights,  measures,  balances  or 
measuring  devices  as  standards  for  any  county,  municipality  or 
public  offices  which  do  not  conform  to  the  type  approved  by  the 
National  Bureau  of  Standards  for  such  use. 

itet'e^leaiei  ma  try  ^e  state  sealer  may  try  and  prove  weights,  measures,  balances 
ana  approve  apparatus  and  other  measuring  devices  on  request  for  any  person,  corpora- 

on  request  .  .         .         .  ,  t          A  A 

tion  or  institution,  and  when  the  same  are  found  or  made  to  con- 
form to  the  state  standards,  and  otherwise  fulfill  such  reasonable 
requirements  as  he  shall  make,  he  may  seal  the  same  with  a  seal 
which  he  shall  have  and  keep  for  that  purpose. 

The  state  sealer  shall  keep  a  record  of  all  of  the  weights,  meas- 
ures, balances,  or  other  measuring  devices  sealed  or  condemned 
Report.to  whom  made  by  him,  and  shall  make  an  annual  report  to  the  governor,  on  or 
before  January  i ,  of  each  year,  a  copy  of  which  shall  be  filed  with 
the  National  Bureau  of  Standards.     He  shall  issue  from  time  to 


Kansas 

time  regulations  for  the  guidance  of  county,  municipal,  and  all 
other  inspectors  or  sealers  of  weights  and  measures,  and  the  said 
regulations  shall  govern  the  procedure  to  be  followed  by  the  afore- 
said officers  in  the  discharge  of  their  duties. 

The  state  sealer  may  appoint  a  deputy  state  sealer,  who  shall   lfc-  9«6 

f  ijj_-  i  -1       i  1         ,,  1  JJeputy,  appointment 

perform  such  duties  as  may  be  prescribed  by  the  state  sealer,  and of 
he  shall  be  a  member  of  the  faculty  of  the  State  University  and 
receive  no  other  compensation  than  his  salary  as  a  member  of  the 
faculty. 

The  county  clerk  of  each  county  shall  be  the  sealer  of  weights   £ec-  9757 

J  £        4-1,  J      i_    11  1_  j         County  clerk  is  county 

and  measures  for  the  county,  and  shall  have  the  care  and  custody  sealer 
of  the  county  standards.  He  shall  procure,  when  ordered  by  the 
board  of  county  commissioners,  at  the  expense  of  the  county, 
when  not  already  provided,  a  full  set  of  weights,  measures,  balances 
and  measuring  devices,  which  he  shall  cause  to  be  tried,  proved  and 
sealed  by  the  state  standards  under  the  direction  of  the  state  sealer. 
He  shall  maintain  the  standards  and  other  apparatus  under  his 
charge  in  good  order  and  repair  and  submit  the  same  to  the  state 
sealer  for  verification  when  in  the  judgment  of  the  commissioners 
it  seems  necessary. 

Sets  of  standards  for  county  and  local  sealers,  if  procured,  shall  lf£,darlsfor  county 
include  the  following  weights,  measures,  and  balances,  and  they and  local sealers 
shall  be  of  a  type  approved  for  such  use  by  the  state  sealer:  One 
yard  measure  divided  into  feet  and  inches,  and  at  least  one  of  the 
inches  divided  into  thirty-seconds  of  an  inch.  Dry  capacity 
measures:  One  half -bushel,  one  peck,  one  quart,  and  one  pint. 
Liquid  capacity  measures:  One  gallon,  one  quart,  and  one  pint. 
Avoirdupois  pound  weights  in  the  following  number  and  denomi- 
nation: One  fifty-pound,  one  twenty-pound,  two  ten-pound,  one 
five-pound,  two  two-pound,  and  one  one-pound.  Avoirdupois 
ounce  and  fractional  ounce  weights  in  the  following  number  and 
denomination:  One  eight-ounce,  one  four-ounce,  one  two-ounce, 
two  one-ounce,  one  one-half-ounce,  one  one-quarter-ounce,  one 
one-eighth-ounce,  and  two  one-sixteenth-ounce.  Twenty  test 
weights  each  of  fifty  pounds  for  testing  platform  scales  and  other 
large  scales,  if  the  same  are  to  be  tested.  One  equal-arm  balance 
of  capacity  of  fifty  pounds  to  one-sixteenth  of  an  ounce. 

The  several  county  and  local  sealers  shall  try  and  prove  all    county5andiocai  seal- 
weights,  measures,  balances  and  measuring  devices  when  requested  ers>  dt 
so  to  do,  and  when  the  same  are  found  or  made  to  conform  to  the 
authorized  standards  they  shall  seal  and  mark  such  weights, 
measures,  balances  and  measuring  devices  with  a  seal  to  be  kept 
by  them  for  that  purpose.     When  any  weight,  measure,  balance  or 
measuring  device  is  found  by  any  authorized  inspector  or  sealer 
to  be  false  or  untrue  or  not  of  an  approved  type,  or  which  does  not 


138 


Laws  Concerning  Weights  and  Measures 


c£unty6derk  neglect- 
ing  standards 


penalty  ior 


conform  to  the  standards,  or  which  cannot  be  made  to  conform  to 
the  standards  by  such  means  as  the  said  inspector  or  sealer  may 
have  at  his  disposal,  he  shall  condemn  the  same  and  mark  it  con- 
demned in  a  conspicuous  manner,  and  such  condemnation  mark 
shall  not  be  removed  or  defaced  except  by  authorization  of  the 
said  inspector  or  sealer. 

Any  county  clerk  who  neglects  to  keep  the  standards  under  his 
charge  in  good  order  or  repair,  or  who  suffers  any  of  them  through 
his  neglect  to  be  lost,  damaged  or  destroyed,  or  who  fails  to  perform 
any  of  the  duties  imposed  upon  him  by  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  in  a  court  of 
competent  jurisdiction  shall  be  subject  to  a  fine  of  not  less  than 
ten  dollars  nor  more  than  two  hundred  dollars. 

Each  sealer  of  weights  and  measures,  including  the  county  clerks, 
shall  receive  fees  as  follows:  One  dollar  for  inspecting  or  sealing 
each  platform  scale,  if  weighing  five  thousand  pounds  or  more, 
and  fifty  cents  if  weighing  less  than  that  amount,  and  shall  be 
entitled  to  collect  from  the  owner  or  custodian  of  such  platform 
scales  an  amount  sufficient  to  cover  the  cost  of  transporting  all 
necessary  test  weights  to  and  from  the  location  of  said  scales. 
For  sealing  or  marking  every  beam,  ten  cents.  For  sealing  or 
marking  measures  of  extension,  ten  cents  per  yard  or  fraction 
thereof,  not  exceeding  fifty  cents  for  any  one  measure.  For 
sealing  or  marking  every  weight,  five  cents.  For  sealing  or  mark- 
ing liquid  or  dry  measures,  ten  cents  for  each  measure.  He  shall 
have  a  reasonable  compensation  for  making  weights  and  measures 
0011^01^111  *°  *ne  standards  in  his  possession.  The  state  sealer  shall 
not  require  any  fee  from  any  county  or  city,  and  all  fees  collected 
by  the  state,  county  or  city  sealer  shall  be  paid  into  the  state, 
county  or  city  treasury,  as  the  case  may  be. 

All  state,  county  and  local  sealers,  or  their  deputies  and  other 

,..,.  .  .,  ,  1111 

authorized  inspectors  of  weights  and  measures,  shall  have  full 
power  to  enter  any  premises  in  or  on  which  any  weights,  measures, 
balances  or  measuring  devices  may  be  located  or  used  for  the  pur- 
poses of  trade,  for  the  purpose  of  inspecting,  adjusting  and  sealing 
demeanor118'  etc<>  mis"  or  condemning  the  same.  Whoever  hinders,  obstructs,  or  in  any 
way  interferes  with  any  sealer  or  other  person  authorized  to  inspect 
weights  and  measures,  while  in  the  performance  of  said  inspection, 
or  whoever  fails  to  produce,  upon  demand  by  such  authorized 
sealer  or  inspector,  all  weights,  measures,  balances  or  measuring 
devices  in  or  upon  his  place  of  business  or  in  his  possession  for  use 
in  manufacture  or  trade,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  subject  to  a  fine  of  not  less 
than  five  dollars  nor  more  than  one  hundred  dollars. 


fee.  9762 

Sealers,  powers  ol 


Penalty  lor 


Kansas 
Any  state  or  local  sealer  or  deputy  who  shall  seal  any  weight     Sec-  9763 

11  £  •  1        •          i      r  r-  .  &        '     Sealing     and      con- 

measure,  balance  of  measuring  device  before  first  testing  and  demnin8.  when  misde. 
making  the  same  conform  to  the  authorized  standard,  or  who  shall™ 
condemn  any  weight,  measure,  balance  or  measuring  device  with- 
out first  testing  the  same,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  subject  to  a  fine  of  not  less   Penalty 
than  five  dollars  nor  more  than  one  hundred  dollars. 

The  several  county  and  municipal  sealers  and  other  persons  sec.  9764 
authorized  to  inspect  weights  and  measures  shall  keep  records  of 
all  weights  and  measures,  balances  and  measuring  devices  inspected, 
sealed  or  condemned  by  them,  giving  the  name  of  the  owner  or 
agent,  the  place  of  business,  the  date  of  inspection,  and  kind  of 
apparatus  so  inspected,  sealed  or  condemned,  and  shall  make  an 
annual  report  of  the  same  to  the  state  sealer  on  or  before  the  first  Report 
day  of  September  of  each  year,  giving  in  addition  to  the  above  an 
inventory  of  the  standards  and  apparatus  in  his  possession,  and 
such  other  information  as  he  may  deem  important  or  that  the  state 
sealer  may  require. 

Any  city  or  municipality  in  the  state  may  establish  a  depart-  cftielandmunicipaii- 
ment  of  public  inspection  of  weights  and  measures,  and  shall  havetle^  may  appoint  sealer 

.  .  j  j  t   r-      .-i     •  ,•          and  deputy,  etc. 

power  to  appoint  a  sealer  and  deputies  and  fix  their  compensation, 
and  to  pass  such  ordinances  not  in  conflict  with  the  state  laws  as 
may  be  deemed  necessary;  and  if  a  city  or  municipality  shall 
establish  such  a  department  it  shall  provide  the  sealer  with  suit- 
able quarters,  a  set  of  standards  as  hereinbefore  specified  in  this 
act,  and  all  other  equipment  for  the  proper  performance  of  his 
duties.  All  city  and  municipal  standards  shall  be  tried,  proved  trie^ty  standards  to  be 
and  sealed  under  the  direction  of  the  state  sealer,  and  shall  be 
returned  to  him  for  verification  at  least  once  in  every  five  years. 

The  county  or  local  sealer  who  may  have  reason  to  believe  that   ^^ta  may  try 
any  weight,  measure,  balance  or  measuring  device  used  in  trade  weights,  etc.,  when 
is  inaccurate,  or  not  according  to  the  standard,  shall  have  author- 
ity to  make  an  immediate  examination  of  the  same  and  require 
that  the  same  be  tried  and  tested  and  conform  to  the  standards 
herein  required. 

It  is  hereby  made  the  duty  of  the  State  Board  of  Health,  and  its   §fat'e9B6oard  of  Health 
several  food  and  drug  inspectors,  to  cooperate  with  the  state  andtoco°Peratewithsealers 
local  sealers  in  carrying  out  the  provisions  of  this  act  and  all  other 
acts  relating  to  weights  and  measures,  and  the  said  food  and  drug 
inspectors  are  hereby  authorized  and  empowered  to  act  as  inspec- 
tors of  weights  and  measures  used  in  trade.     The  State  Board  of 
Health  shall  procure,  at  the  expense  of  the  state,  a  full  set  of 
standard  weights,  measures  and  balances,  including  sets  of  stand-  ""8  sets  °f 

ard  apothecaries'  weights  and  measures,  and  cause  the  same  to  be 
proved  and  sealed  by  the  state  standards  under  the  direction  of  the 


140 


Evidence  in  court 


Sec.  9768 
Acts  repealed 


Gen.  Stat.,  1909,  cli. 
125,  p.  2109 

Sec.  9' 


various  oils 


Laws  Concerning  Weights  and  Measures 

state  sealer,  together  with  the  necessary  working  sets  of  weights, 
measures,  balances  and  measuring  devices  for  the  use  of  the  said 
inspectors,  which  must  be  officially  sealed,  and  such  weights  and 
measures,  balances  and  measuring  devices  provided  for  such  inspec- 
tors shall  be  competent  evidence  in  all  courts  in  this  state  in  crimi- 
nal or  civil  action. 

That  an  act  entitled  "  An  act  regulating  weights  and  measures,  " 
approved  March  2,  1868,  as  amended  by  chapter  167  of  the  Laws 
of  1886  and  chapter  208  of  the  Laws  of  1877  and  chapter  280  of  the 
Laws  of  1897,  being  sections  7920  to  7931,  both  inclusive,  of  chap- 
ter 1 1 6  of  the  General  Statutes  of  Kansas  of  1901,  be  and  the  same 
is  hereby  repealed;  provided,  however,  that  where  any  penalty 
has  been  incurred  or  any  proceeding  commenced  under  or  contract 
made  by  virtue  of  the  statutes  sought  to  be  repealed,  it  shall 
remain  in  force  as  to  such  penalty  incurred  or  proceeding  com- 
menced or  contract  made. 

Whenever  any  of  the  following  named  articles  shall  be  con- 
)  tracted  for  or  sold  or  delivered  by  wholesale  or  in  the  original  pack- 

gaiion  of  age  within  the  state  of  Kansas,  and  no  special  contract  or  agree- 
ment shall  be  made  to  the  contrary,  such  sale  and  all  such  compu- 
tations for  payment  and  settlement  therefor  shall  be  by  weight. 
The  weight  per  gallon  shall  be  as  follows : x 


Pounds. 

Naphtha sK 

Kerosene  oil 6^-2 

Paraffine  oil 7% 

Castor  oil 8 

Olive  oil 7^ 

Linseed  oil,  raw 7^2 

Linseed  oil,  boiled 1% 

Menhaden  oil 1% 


Pounds. 

Cod  liver  oil 7>< 

Whale  oil ^% 

Lard  oil 7K 

Neat's  foot  oil 7.K 

Sperm  oil 7/i 

Turpentine 7 

Miners'  oil ^A 

Gasoline ll/\ 


Sec.  9770 
Penalty 


Whoever  in  buying  any  of  the  articles  mentioned  in  the  pre- 
ceding section  shall  take  any  greater  number  of  pounds  thereof  to 
the  gallon,  or  in  selling  any  of  the  said  articles  shall  give  any  less 
number  of  pounds  to  the  gallon,  than  is  allowed  in  said  section, 
with  intent  to  gain  advantage  thereby,  except  when  expressly 
authorized  so  to  do  by  special  contract  or  agreement  to  that  effect, 
shall  be  liable  to  the  party  injured  in  double  the  amount  or  value 
of  the  property  so  wrongfully  taken  or  not  given,  and  ten  dollars 
in  addition  thereto,  to  be  recovered  in  any  court  of  competent 
jurisdiction. 

Every  sale  of  grain,  seed,  hay  or  coal  shall  be  deemed  to  be 
NO  '  deduction  from  made  on  the  basis  of  the  actual  weight  thereof,  unless  a  different 
wepenta£8rain' etl      basis  is  established  by  the  express  agreement  of  the  parties  to  the 
transaction.     Any  purchaser  of  grain,  seed,  hay  or  coal  who,  with- 

1  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  these  articles. 


Kansas 


out  express  agreement  with  the  seller  thereof,  shall  knowingly 
deduct  any  quantity  or  amount  from  the  actual  weight  or  measure 
of  the  article  purchased,  and  withhold  payment  therefor  under 
claim  of  right  so  to  do  by  reason  of  any  custom,  rule  of  a  board 
of  trade  or  any  other  pretense  whatsoever,  shall  be  deemed  guilty 
of  a.  misdemeanor,  and  subject  to  a  fine  of  not  less  than  twenty- 
five  dollars  nor  more  than  one  hundred  dollars  for  each  and  every 
offense.  No  agent  or  broker  selling  grain,  seed,  hay  or  coal  for 
the  owner  thereof  shall  be  presumed  to  have  authority  to  sell  any 
grain,  seed,  hay  or  coal  on  a  basis  other  than  that  of  the  actual 
weight  or  quantity  thereof,  but  express  authority  to  allow  any 
deduction  must  be  proved. 

In  case  any  purchaser  of  grain,  seed,  hay  or  coal  shall  deduct  penalty* 
any  amount  from  the  actual  weight  or  measure  thereof,  and  shall 
knowingly  withhold  from  the  seller  the  purchase-price  of  the 
quantity  so  deducted,  without  the  express  agreement  of  the  seller 
thereof,  such  seller  may  recover  from  such  purchaser  three  times 
the  amount  so  withheld,  together  with  reasonable  attorney's  fees, 
to  be  taxed  in  each  court  in  which  the  action  may  be  brought  or 
to  which  an  appeal  may  be  taken. 

1'2The  mayor  and  council  shall  have  the  care,  management  and   Q*XW* 
control  of  the  city  and  its  property  and  finances;  and  shall  have 
power  to  enact  ordinances  for  all  the  purposes  named  and  provided 
for  in  this  article  not  repugnant  to  the  constitution  and  laws  of  this 
state,  and  to  alter,  amend,  modify  and  repeal  such  ordinances. 

a'2To  prescribe  rules  for  weighing  and  measuring  every  kind  of  sec.9i? 
commodity  sold  in  the  city,  in  all  cases  not  otherwise  provided  for 
by  law,  and  may  provide  for  the  inspection  of  grain  and  weighing 
of  hay,  grain,  coal,  and  measuring  of  wood  and  other  fuel,  and 
determine  the  place  or  places  of  weighing  or  measuring  same,  and 
regulate  and  prescribe  the  place  or  places  of  exposing  for  sale  hay, 
coal,  and  wood,  and  fix  the  fees  and  duties  of  the  persons  author- 
ized to  perform  the  duties  named  in  this  section;  and  to  provide 
for  the  inspection  and  condemnation  of  coal-oils,  gasoline,  naph- 
tha, and  all  other  inflammable  and  combustible  oils,  fluids  or 
gases  used  for  heating  or  lighting  purposes,  when  the  same  shall 
not  be  of  the  quality  and  standard  prescribed  by  law  or  ordinance. 

The  mayor,  by  and  with  the  consent  of  the  council,  may  appoint 
a  city  engineer  *  *  *  weighmaster,  inspector,  and  weigher 
of  produce,  *  *  *  and  such  other  officers,  servants  and  appointmen 
employees  as  they  may  deem  necessary  for  the  best  interests  of 
the  city,  but  no  such  officer  shall  be  appointed  until  his  term  of 
office  and  salary  shall  have  been  fixed  by  ordinance;  *  *  *. 


eraof  citycounci 


Weights  and  meas- 
ures 


Gen. Stat.,  1909,  p.  220 

(1903,  1909) 
Sec.  952 
Weighmaster, 


1  Applicable  to  cities  of  the  first  class. 

5  Similar  powers  are  vested  in  the  board  of  commissioners  of  cities  governed  by  the  commission  form 
of  government. 


142  Laws  Concerning  Weights  and  Measures 

The  term  of  all  elective  or  appointive  officers  shall  be  two  years 
and  until  their  successors  are  qualified,  except  as  otherwise  herein 
provided,  or  as  may  be  hereafter  provided  by  ordinance:  Provided, 
in  case  of  an  appointment  to  fill  a  vacancy  such  appointee  shall 
only  serve  for  the  remainder  of  the  term  for  which  his  predecessor 
was  elected  or  qualified.1 

Gen'St(rf7/)9°9>P'335     The  council  may  prescribe  rules  for  the  weighing  and  measuring 
gee.  1402  of  every  commodity  sold  in  the  city  in  all  cases  not  otherwise 

Powers    of    council;  .      J  J  ..  J  .  . 

enforce  weighing  of  aii  provided  for  by  law,  and  may  provide  for  the  inspection  and 

commodities  sold  •    «  «  j-i  •  j  ixi  •  r  j  iri 

weighing  of  hay,  grain  and  coal,  the  measuring  of  wood  and  fuel, 
and  determine  the  place  or  places  of  the  same,  and  regulate  and 
prescribe  the  place  or  places  of  exposing  for  sale  hay,  coal  and 
wood  and  fix  the  fees  and  duties  of  the  persons  authorized  to  per- 
form the  duties  named  in  this  section.2 

sec.  158^  In  addition  to  the  other  powers  provided  by  law,  the  mayor 

Additional  powers,  an(j  COuncil  of  cities  of  the  third  class  may  provide  by  ordinance 

cities  of  third  class  .  .  •    «  •  i-    1  •  « 

for  the  inspection  and  weighing  of  hay,  grain,  coal,  cattle  and 
hogs,  and  for  the  measuring  of  wood  for  fuel,  and  determine  the 
place  or  places  of  the  same,  and  regulate  and  prescribe  the  place 
or  places  of  exposing  for  sale  hay,  coal,  and  wood;  may  purchase 
and  locate  scales  for  such  weighing,  appoint  a  weighmaster,  and 
prescribe  his  duties  and  fees.  The  council  shall  require  such 
weighmaster  to  give  a  proper  bond  to  the  city,  for  the  faithful 
performance  of  his  duties:  Provided,  that  in  no  case  shall  there 
be  any  greater  charge  made  for  weighing  than  five  cents  for  a 
single  draft. 

Gen.  stat.,  1909.  P.     fhere  shall  always  be  kept  at  a  public  mill  by  the  owner  and 
sec.  4956*<5j)  occupier  thereof  a  half -bushel  and  peck  measure,  tried  and  sealed 

Measures  at  muis     kv  the  proper  authorities,  and  also  proper  toll  dishes  for  the 

same;    *    * 
909 

(rfw)  .  -  . 

IrauiTL  weight  of  shall  make  any  agreement,  expressed  or  implied,  or  by  any  under- 
lipment  standing  or  combination  with  any  person,  company  or  corpora- 

tion within  or  without  the  state,  by  which  any  shipper  of  seeds, 
grains,  hay  or  live  stock  is  defrauded  out  of  any  portion  of  the 
net  weight  of  any  consignment  of  grain,  seeds,  hay,  or  live  stock, 
all  such  agreements  or  combinations  are  hereby  declared  to  be  in 
penalty  restraint  of  trade,  and  any  such  person,  company  or  corporation 

shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  in  the  sum  of  not  less  than  one  hundred  dollars 
and  not  exceeding  one  thousand  dollars  for  each  offense. 

:22Cn'  It  shall  be  unlawful  for  any  mine  owner,  lessee  or  operator  of 

sec.  So225ft?)          coal  mines  in  this  state,  employing  miners  at  bushel  or  ton  rates 
^weighing  of  coal  atQr  Q^er  quantity,  to  pass  the  output  of  coal  mined  by  said  miners 


1105 


ien'  S1909  If  any  person,  company  or  corporation  doing  business  in  Kansas 


ma 


1  Applicable  to  cities  of  the  first  class.  *  Applicable  to  cities  of  the  second  class. 


Sec.  5023 
Weighman,  oath 


Penalty  for  violation 


Sec.  5024 

Check -weighman 


H3 

over  any  screen  or  other  device  which  shall  take  any  part  from 
the  value  thereof  before  the  same  shall  have  been  weighed  and 
duly  credited  to  the  employes  and  accounted  for  at  the  legal  rate 
of  weights  as  fixed  by  the  laws  of  Kansas. 

The  weighman  employed  at  any  mine  shall  subscribe  an  oath 
or  affirmation,  before  a  justice  of  the  peace  or  other  officer  author- 
ized to  administer  oaths,  to  do  justice  between  employer  and 
employee,  and  to  weigh  the  output  of  coal  from  mines  in  accord- 
ance with  the  provisions  of  section  one  of  this  act.  Said  oath  or 
affirmation  shall  be  kept  conspicuously  posted  in  the  weigh  office, 
and  any  weigher  of  coal  or  persons  who  shall  knowingly  violate 
any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  punished  by  a  fine 
of  not  less  than  twenty-five  nor  more  than  one  hundred  dollars 
for  each  offense,  or  by  imprisonment  in  the  county  jail  for  a 
period  not  to  exceed  thirty  days  or  by  both  such  fine  and 
imprisonment. 

The  miners  employed  by  or  engaged  in  working  for  any  mine- 
owner,  operator  or  lessee  in  this  state  shall  have  the  privilege, 
if  they  so  desire,  of  employing  at  their  own  expense  a  check 
weighman,  who  shall  have  like  rights  and  privileges  in  the  weigh- 
ing of  coal  as  the  regular  weighman,  and  shall  be  subject  to  the 
same  oath  and  penalties  as  the  regular  weighman. 

Any  person  or  persons  having  or  using  any  scale  or  scales  for 
the  purpose  of  weighing  the  output  of  coal  at  mines,  so  arranged use  °l  scal«s 
or  constructed  that  fraudulent  weighing  may  be  done  thereby, 
or  who  shall  knowingly  resort  to  or  employ  any  means  whatever 
by  reason  of  which  such  coal  is  not  correctly  weighed,  and 
reported  in  accordance  with  the  provisions  of  this  act,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  upon  conviction 
for  each  offense  be  punished  by  a  fine  of  not  less  than  two  hundred 
dollars  nor  more  than  five  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  for  a  period  not  to  exceed  sixty  days  or  by 
both  such  fine  and  imprisonment.  , 

That  the  secretary  of  mine  industries  of  the  state  of  Kansas  shall  II^en-  Stat-  I9°9'  p- 
be  ex  officio  inspector  of  weights,  measures  and  scales  used  at  coal   Sec    (wd 
mines,  and  he  or  his  deputies  are  hereby  empowered,  and  it  shall  bem^|pectionof  scales  at 
his  or  their  duty,  to  test  the  scales  used  to  weigh  coal  mined  in  the 
mines  of  this  state  at  least  once  every  six  months,  to  ascertain 
whether  or  not  such  scales  correctly  measure  the -weight  of  such 
coal;  and  if  defects  or  irregularities  are  found  in  such  scales  which 
prevent  correct  weights  and  measurements,  the  inspector  shall  call 
the  attention  of  the  mine-owner,  agent  or  operator  to  said  defects, 
and  direct  that  the  same  be  at  once  properly  adjusted  and  corrected. 
If  the  owner,  agent  or  operator  of  any  coal  mine  in  this  state  shall 


144  Laws  Concerning  Weights  and  Measures 

refuse  to  allow  such  inspector  or  his  deputies  to  properly  test  the 
scales  used  at  such  mine  or  mines,  or  shall  fail  or  refuse  to  put  such 
scales  in  proper  adjustment  and  condition,  so  that  the  same  shall 
correctly  weigh  the  coal  mined,  after  being  notified  by  said  in- 
spector or  his  deputy  so  to  do,  such  owner,  agent  or  operator  shall 

Penalty  foe  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 

shall  be  fined  not  exceeding  five  hundred  dollars,  or  be  confined  in 
the  county  jail  not  exceeding  six  months,  or  both,  in  the  discretion 
of  the  court ;  and  it  shall  be  the  duty  of  the  prosecuting  attorneys 
in  the  respective  counties  to  prosecute  any  person,  firm  or  corpora- 
tion violating  the  provisions  of  this  section,  the  same  as  in  other 
misdemeanor  cases. 

Gen.  stat..  1909.  p.  It  shall  be  unlawful  for  any  individual,  firm  or  corporation  to 
(7907)  sell,  offer  for  sale  or  deliver  for  use  at  any  coal  mine  or  mines  in  the 

weightof  packages  of  state  of  Kansas,  black  powder  in  any  manner  except  in  original 
packages  containing  twelve  and  one-half  pounds  of  powder,  said 
package  to  be  securely  sealed;  *  *  *  Provided,  however,  this 
act  shall  not  be  construed  as  in  any  manner  conflicting  with  any 
existing  contract  of  sale  of  black  powder. 

Gen.stat.^909.p.69o     *    *    *     That  any  person  who  shall  sell,  keep  for  sale  or  offer  for 

sec.  3076  sale,     *     *     *     any  article  of  food     *     *     *     which  is  adulter- 

Penalty  for  offering  for  '  ,/.,.,  .  . 

sale  misbranded  food  ated  or  misbranded,  within  the  meaning  of  this  act,  shall.be  guilty 
of  a  misdemeanor,  and  for  each  offense  shall  upon  conviction 
thereof  be  fined  in  a  sum  not  to  exceed  fifty  dollars  or  be  imprisoned 
in  the  county  jail  not  exceeding  one  year,  or  be  both  fined  and  im- 
prisoned, in  the  discretion  of  the  court. 

sec  (7o82f  /w)  *     *     *     That  for  the  purpose  of  this  act  an  article  shall  also  be 

MIS  brand  ing  of  deemed  to  be  misbranded —    *     *    *     in  the  case  of  foods:  third, 

weight  on  packages  of       . 

food  if  m  package  form,  and  the  contents  are  stated  in  terms  of  weight, 

measure  or  quantity,  the  net  weight,  measure  or  quantity  is  not 

plainly  and  correctly  stated  on  the  outside  of  the  package.    *    *    * 

Gen.stat.^igog^p  697     For  the  purposes  of  this  act  concentrated  feeding-stuffs  are  de- 

sec. 3*06, askmended  clared  to  be  all  materials  sold,  offered  for  sale  or  held  for  sale  within 

pV3°7WS>  I9"' °    l81'  the  state  of  Kansas  and  designated  for  the  nutrition  of  animals  of 

Concentrated     feed-  •  <•  •«_  -it.  i_  i_  •  Jx  •• 

ing-stuffs  denned  any  species,  if  such  materials  have  been  subjected  to  any  mixing 
process  or  subjected  to  any  process  whereby  the  composition  of 
the  original  material  is  altered.  Condimental  feeds,  medicated 
stock  foods,  medicinal  stock  foods,  stock  food  tonics,  stock  pow- 
ders, condition  powders,  conditioners,  animal  regulators,  proprie- 
tary feeds,  proprietary  medicines,  or  any  preparations  of  like 
nature,  are  hereby  expressly  designated  as  coming  under  the  pro- 
visions of  this  act,  and  all  forms  of  animal  life  except  man  are  in- 
cluded under  the  term  "  animals."  The  term  "  brand,"  as  used  in 
this  act,  is  to  be  taken  to  mean:  first,  the  name,  trade  mark,  or 
other  designation  under  which  a  concentrated  feeding-stuff  is  sold; 
and  second,  the  feeding-stuff  itself. 


Kansas 

Every  sack,  box,  carton  or  other  package  of  concentrated  feed-   Sec  ^f7- /0"> 
ing-stuff  offered  or  held  for  sale  or  sold  within  the  state  of  Kansas  hy  iw^^?SJ 
shall  bear  a  distinctly  printed  and  conspicuous  label  in  the  English  P'Ne8t  weight  to  be 
language,  which  shall  state  the    *     *    *     net  weight  of  the  pack- n 

o  pro        •!*        *P        *l* 

That  a  department  of  record  for  the  inspection  and  weighing  of   Gen-St(at..i909,P.764 
grain  is  hereby  eatablished,  to  be  called  "the  state  grain  inspec-   o^ain3  ins 
tion  department."     Said  department  shall  have  full  charge  of 
inspection  and  weighing  of  grain  at  all  railroad  terminals,  public 
warehouses,  or  other  points  within  the  state  wherever  the  business 
transacted  will,  by  the  fees  provided  by  law,  pay  the  salary  of  an 
assistant  inspector  and  weighmaster,  or  wherever,  upon  request  by 
parties  interested,  to  the  chief  inspector,  he  may  establish  inspec- 
tion and  arrange  that  the  officer  in  charge  accept  as  full  com- 
pensation for  his  services  an  amount  equal  to  the  whole  revenue 
obtained  at  such  a  place. 

It  shall  be  the  duty  of  the  governor  to  appoint  a  suitable  person, 
to  be  confirmed  by  the  senate,  who  shall  be  known  as  the  chief  inspector 
inspector  of  grain  for  the  state  of  Kansas,  whose  term  of  service 
as  such  shall  continue  for  two  years  from  date  of  his  appointment, 
unless  removed  for  cause.  Said  inspector  shall  not,  directly  or 
indirectly,  be  interested  in  buying  or  selling  grain,  either  on  his  own 
account  or  for  others,  nor  shall  he  be  directly  or  indirectly  inter- 
ested in  handling  or  storing  grain  as  a  public  warehouseman  or  on 
private  account  during  his  term  of  office. 

It  shall  be  the  duty  of  the  chief  inspector  to  have  a  general  Duties  of  inspector 
supervision  of  the  inspection  and  weighing  of  grain,  as  required  by 
this  act  or  the  laws  of  the  state;  to  supervise  the  handling, 
inspecting,  weighing  and  storage  of  grain;  to  establish  necessary 
rules  and  regulations  therefor,  and  for  the  management  of  the 
public  warehouses  of  the  state,  as  such  rules  and  regulations  may 
be  necessary  to  enforce  the  provisions  of  this  act  or  any  law  of  this 
state  in  regard  to  the  same;  to  keep  proper  records  of  all  the 
inspecting  and  weighing  done  into  and  out  of  warehouses  licensed 
by  law  to  do  business  in  this  state,  for  which  purpose  he  shall  have 
provided  books,  blanks  and  other  material  needed  in  order  to 
keep  perfect  and  proper  records.  He  shall  investigate  all  com- 
plaints of  fraud  or  oppression  in  the  grain  trade,  and  correct  the 
same,  so  far  as  may  be  in  his  power. 

The  chief  inspector  shall  be  authorized  to  recommend  to  the   Gen.stat.,igo9,p.764 
governor  a  suitable  person  as  supervising  inspector  in  each  city,    sec.333i 

.         ..    r  ,  , .  •_  Duties  of  supervising 

town  or  place  in  the  state  where  one  or  more  public  warehouses  and  asst. 
may  be  doing  business  under  the  law,  whose  duty  it  shall  be  to 
visit   daily    the   elevators   and  railroad  tracks,   supervising   all 

8578° 12 10 


146  Laws  Concerning  Weights  and  Measures 

inspections,  with  a  view  to  securing  uniform  inspection  of  grain. 
The  chief  inspector  shall  be  authorized  to  recommend  to  the 
governor  a  suitable  person  as  supervising  weighrnaster  in  each 
city,  town  or  place  in  the  state  where  one  or  more  public  ware- 
houses may  be  doing  business  under  the  law,  whose  duty  it  shall 
be  to  visit  daily  the  elevators  and  tracks,  supervising  all  weigh- 
masters,  inspecting  scales,  and  the  loading  and  unloading  of  grain, 
with  a  view  to  securing  correct  weights  on  all  grain  weighed  by  the 
department.  The  chief  inspector  shall  be  authorized  to  recom- 
mend to  the  governor  suitable  and  qualified  persons  as  assistant 
inspectors  or  assistant  weighmasters,  to  be  acting  inspectors  or 
weighmasters,  in  the  absence  of  the  chief  inspector,  who  shall  not 
be  interested  in  any  public  or  private  grain  warehouse,  or  in  the 
buying  or  selling  of  grain,  either  directly  or  indirectly,  and  also 
such  other  employees  as  may  be  necessary  to  properly  conduct  the 
business  of  his  office ;  and  the  governor  shall  be  authorized  to  make 
such  appointments,  if  found  by  him  to  be  necessary. 

Gen.stat.,i909,p.77o     *     *     *     and  all  scales  used  for  weighing  of  property  in  public 

sec.  3357W  warehouses  shall  be  subject  to  the  examination  and  test  by  any 

ho^Tscaies  °'       '"  duly  authorized  inspector,  weighrnaster  or  sealer  of  weights  and 

measures  at  any  time  when  required  by  any  person  or  persons, 

agent  or  agents,  whose  property  has  been  or  is  to  be  weighed  on 

Fees  such  scales,  and  the  fee  for  said  test  shall  be  paid  by  the  parties 

making  such  demand  if  the  scales  are  found  correct,  and  by  the 

Penalty  for  use  of  in- warehouse   proprietor    if   found   incorrect.     Any    warehouseman 

correct  scales  1  «     *        *.,,          f  ,  .  i        j-  j    • 

who  may  be  guilty  of  continuing  to  use  scales  found  in  an  imper- 
fect or  incorrect  condition  by  such  examination  and  test,  until 
the  same  shall  have  been  pronounced  correct  and  properly  sealed, 
shall  be  liable  to  be  proceeded  against  as  hereinafter  provided. 
(7905)  That  any  shipper  of  grain,  which  grain  has  been  weighed  by  the 

weight5  to  be  fur- grain  inspection  department  of  this  state,  may,  on  request  in 
nished  shipper  writing  to  the  chief  inspector  and  enclosing  a  stamp  for  reply, 

receive,  and  it  shall  be  the  duty  of  the  chief  inspector  to  furnish 
such  shipper,  free  of  charge,  the  weight  of  any  such  grain,  by  for- 
warding to  him  promptly  a  statement  showing  such  weights :  Pro- 
vided, That  such  written  request  shall  set  forth  the  number  and 
initials  of  the  cars,  the  weights  of  which  are  so  desired. 

Gen.  stat.,  1909,  p.      That  each  and  every  railway  company  operating  a  railway  wholly 
515      (1893)  or  partly  within  this  state  shall,  on  or  before  the  first  day  of  July 

sec.  7098  A.  D.  1 893,  construct  and  provide,  and  thereafter  keep  and  maintain 

in  good  order,  a  track  or  car  scale  of  sufficient  capacity  and  suitable 

Track  scales  £or  weighing  grain  in  carload  lots  and  in  the  car,  at  each  and  every 

town  or  station  upon  its  line  of  railway  or  the  line  of  railway  operated 
by  it,  from  which  the  aggregate  of  grain  shipments  on  all  railways 
shall  be  one  hundred  cars  or  more  of  grain  and  seeds  during  the  year 
1892. 


en 


ooieV  Sations 


Kansas 

Any  town  or  station  not  now  entitled  to  track  scales  under  this 
act,  but  from  which  there  shall  hereafter  be  shipped  in  any  calendar  ^s1 
year  one  hundred  cars  or  more  of  grain,  seeds  or  hay,  shall  be  entitled 
to  the  benefits  of  this  act;  and  any  railway  company  operating  a 
railway  upon  which  such  town  or  station  is  located  shall  construct, 
provide,  keep  and  maintain  a  track  or  car  scale  at  such  town  or 
station,  as  provided  by  section  one,  within  six  months  after  the 
expiration  of  such  calendar  year:  Provided,  however,  That  any    Proviso;  railway  may 
railway  company  may  elect  to  accept  the  weights  of  any  public' 
weigher,  or  the  weights  of  the  shipper,  and  shall  have  the  right  to 
demand  that  the  weights  of  such  shipper  shall  be  verified  by  affi- 
davit; and  in  case  they  so  elect,  shall  not  be  required  to  put  in 
scales,  and  shall  not  be  liable  to  the  penalties  prescribed  in  this 
act  for  failure  to  put  in  scales. 

At  stations  not  entitled  to  car  scales  by  the  provisions  of  this  act 
it  shall  be  the  duty  of  such  railway  company  to  weigh  at  one  of  the 
stations  nearest  to  such  station  having  no  such  scales,  and  such 
cars  before  and  after  loading,  and  to  give  to  such  shipper  a  like 
receipt  as  provided  in  section  six  (6)  of  this  act:  Provided,  That  such 
weighing  before  loading  may  be  on  one  side  of  the  point  of  ship- 
ment, and  after  loading  on  the  other  side  of  the  point  of  shipment. 

Each  railway  company  operating  a  railway  at  any  station  or 
town  in  this  state  entitled  to  track  scales  under  this  act  shall  cor- 
rectly weigh  all  cars  immediately  before  and  immediately  after 
being  loaded  with  grain,  seeds  or  hay,  said  cars  to  be  detached  from 
engine  and  other  cars  when  weighed,  and  such  weighing  to  be  done 
in  the  presence  of  the  shipper  of  such  grain  or  seed,  if  so  demanded 
by  him. 

Such  railway  company  shall  be  entitled  to  collect  and  receive 
from  the  person  shipping  such  grain,  seed  or  hay,  the  sum  of 
twenty-five  (25)  cents  for  each  car  of  such  grain  or  seed  so  weighed, 
as  compensation  for  such  weighing. 

Any  railway  company  neglecting  for  six  months  after  the  taking 
effect  of  this  act  to  put  in  the  car  scales  heretofore  provided  for 
shall  be  liable  to  a  penalty  of  one  hundred  dollars  ($100)  per  day 
for  each  station  at  which  such  neglect  occurs,  until  the  same  is  put 
in  as  herein  provided. 

That  each  and  every  railway  company  operating  a  railway  pis22 
wholly  or  partly  within  this  state  shall  weigh  each  and  every  car   gec  7I^9°9) 
of  coal  intended  for  shipment  over  their  line  before  and  after  being   Railway  to  weigh  cars 

0  of  coal 

loaded. 

The  empty  car  or  cars  to  be  loaded  shall  be  detached  from  the   Sec_  7I3(|9°5) 
engine  and  other  cars  and  weighed  within  twenty-four  hours  before  i,Jime  Umit  for  weigll~ 
loading,  and  after  the  said  car  is  loaded  it  shall  be  detached  from 


Maimerot  weighing 


Sec.  7103 
Fees 


Sec.  7106 
Penalty 


n  Stat-  •  I909-  ch  •"• 


148 


Laws  Concerning  Weights  and  Measures 


Sec.  7139 
Certificate  ol  weight 


Sec.  7140 
Weighmaster; 
bond 


the  engine  and  other  cars  and  weighed  within  forty-eight  hours 
after  being  loaded. 

A  certificate  of  the  weights  of  each  car  so  weighed,,  showing  the 
date  of  weighing  said  car  empty  and  the  weight  of  same,  and  the 
date  of  weighing  said  car  loaded  and  the  weight  of  same,  and  the 
net  weight  and  number  of  the  said  car,  shall  be  issued  by  the 
weighmaster  and  attached  to  the  way  bill  covering  the  said  ship- 
ment. At  the  destination  this  certificate  shall  be  attached  to  the 
freight  expense  bill  and  shall  become  a  part  of  the  same,  and  shall 
be  delivered  to  the  consignee  on  the  payment  of  all  the  freight 
charges. 

oath,  A  competent  weighmaster  shall  be  employed  by  said  railway 
companies,  and  said  wreighmaster  shall  subscribe  an  oath  or  affir- 
mation before  an  authorized  officer  and  give  good  and  sufficient 
bond  in  the  sum  of  one  thousand  dollars  to  his  employer  that  he 
will  perform  his  duties  in  accordance  with  this  act  in  every  par- 
ticular; and  any  weighmaster  or  person  so  employed  under  this 
act  who  shall  violate  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
penalty  lor  violation  ^e  punished  bv  a  fine  of  not  less  than  one  hundred  nor  more  than 

of  act,  by  weighmaster.  r  <        «    %    «  r  i_rc  1.       •  •  j.   •    ^tt. 

five  hundred  dollars  for  each  offense,  or  by  imprisonment  in  the 
county  jail  not  exceeding  six  months,  or  by  both  said  fine  and 
imprisonment. 

penaYry-'for  violation     AnY  railway  company  neglecting  to  weigh  coal  as  provided  by 
by  railway  company      this  act  shall  be  liable  to  a  fine  of  one  hundred  dollars  for  each  and 
every  car  not  so  weighed,  to  be  recovered  in  an  action  brought  in 
the  name  of  the  state  in  any  court  of  competent  jurisdiction. 


KENTUCKY 

The  weights,  measures,  and  balances  received  from  the  govern-  cam>ii's stats.,  1909, 

ment  of  the  United  States,  now  in  the  custody  of  the  secretary  of  gj^fjta  I944 

state,  shall  continue  in  the  custody  of  that  officer,  and  shall  be  the  standara 
standard  of  weights  and  measures  in  this  State. 

The  Governor  shall  cause  duplicates  of  those  weights,  measures,  implicates  jumped 
and  balances  to  be  made  for  such  counties  as  may  not  have  thecoun«es 
same;    and,  upon  his  written  certificate  of  the  cost,  the  Auditor 
shall  give  a  warrant  on  the  Treasury  therefor. 

It  shall  be  unlawful  for  any  person,  commission  merchant,  miller,  Sec  48(I^<5) 

dealer,  grain  inspector,  corporation,  company,  firm  or  association,  Mining-standard 

....         '&    t  .  A    .,        '       .,£  J\  «  'measure  required- 

Cither  by  himself,  itself,  dfficer,  agent,  or  employe,  when  purchas-  Penalty  for  failure 

ing  wheat  or  receiving  it  in  barter  or  exchange  for  flour  or  other- 
wise, from  the  owner,  his  agent  or  employe,  to  use  for  the  purpose 
of  testing  or  determining  the  weight,  grade,  milling  or  market 
value  of  wheat,  any  measure  other  than  the  standard  half -bushel 
measure  furnished  this  State  by  the  United  States;  and  the  use  of 
any  fractional  part  of  said  standard  half-bushel  measure  for  such 
purpose  will  be  a  violation  of  this  section.  It  shall  likewise  be 
unlawful  to  use  anything  other  than  a  straight  stick  with  the  edges 
square  for  leveling  the  wheat  in  said  half-bushel  measure  for  the 
purpose  of  testing  the  weight,  grade,  milling  or  market  value  of 
wheat:  Provided,  That  the  provisions  of  this  section  shall  not 
apply  to  wheat  or  grain  that  is  inspected  or  graded  by  the  carload 
under  the  regulations  of  any  board  of  trade.  Any  person  violating 
any  of  the  provisions  of  this  section  shall,  on  conviction,  be  fined 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars,  to 
which  may  be  added  imprisonment  in  the  county  jail  not  exceeding 
six  months. 

The  hundred  weight  shall  consist  of  one  hundred  pounds  avoir-    f£n£re°d;,eight 
dupois,  and  two  thousand  such  pounds  shall  constitute  a  ton;  and    Ton 
all  contracts  hereafter  made  shall  be  construed  accordingly,  unless 
the  contrary  be  stipulated. 

The  following  weights  shall  constitute  a  bushel  of  each  article  ed^car48I25I;°l8a9samend- 
named  respectively :  >  ' W 

1  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  these  articles. 

149 


150 


Laws  Concerning  Weights  and  Measures 


Legal    weights      per  Pounds, 

bushel  ol   certain  pro-  wheat 6o 

Shelled  corn 56 

Corn  in  the  ear,  70  pounds  from  the 
first  of  November  to  the  first  of  May 
following,  and  from  the  first  of  May 

to  the  first  of  November  following. .  68 

Rye 56 

Oats,  shelled 32 

Barley 47 

Irish  potatoes. . . . : 60 

Sweet  potatoes 55 

White  beans 60 

Castor  beans 45 

Clover  seed 60 

Timothy  seed 45 

Flax  seed 56 

Millet  seed 50 

Peas 60 

Blue  grass  seed 14 


Pounds. 

Buckwheat 56 

Dried  apples 24 

Dried  peaches 39 

Onions 57 

Bottom  onion  sets 36 

Salt 50 

Stone  coal  1 76 

Bran 20 

Plastering  hair 8 

Turnips 60 

Unslaked  lime 35 

Corn  meal 50 

Fine  salt 55 

Hungarian  grass  seed 50 

Ground  peas 24 

Orchard  grass  seed 14 

English  blue  grass  seed 14 

Hemp  seed 44 


Sec  (8ff^7o)  One  hundred  and  sixty  pounds  net  of  Irish  potatoes  shall  consti- 

ounds  tute  a  merchantable  barrel. 


Any  person  selling  unscreened  coal  for  screened  coal  shall  be 
ing Oukrcnrae^n0erdefor  subject  to  a  fine  of  not  less  than  five  nor  more  than  twenty  dollars, 


screened 


Sec. 
Hemp 


(1898) 


recoverable  by  warrant  before  a  justice  of  the  peace. 

That  the  hundred  weight  of  hemp  shall  consist  of  one  hundred 
pounds  avoirdupois,  and  two  thousand  such  pounds  shall  constitute 
a  ton,  and  all  contracts  hereafter  made  shall  be  so  construed.  Any 
person  violating  this  act  shall  be  fined  in  a  sum  of  not  less  than  one 
hundred  dollars  nor  more  than  five  hundred  dollars  for  each 
offense. 

Carroll's stat.,ch.  ss,      Every  owner  or  occupier  of  a  mill,  grinding  meal,  flour,  bread 
(1906)          stuff,  feed  or  otherwise,  shall  keep  therein  and  use  sealed  measures 
seaieT'measures  in  of  half  bushel  and  peck,  and  toll  dish  sealed,  and  shall  measure  all 
grain  by  strike  measure  or  weight,  under  a  penalty  of  five  dollars 
for  every  such  failure,  recoverable,  with  costs,  before  a  justice  of 
the  peace,  for  the  use  and  benefit  of  the  common  school  fund  in 
the  district  where  the  mill  is  located.     *     *     * 

Acts.  1910.  ch.  90.  P.     The  Fiscal  Court  of  every  county  in  the  State,  within  ninety 

26lec.  i  days  after  this  act  takes  effect,  shall  provide  duplicates  of  the 

sta^daardCOweighFsroVand  standard  weights,  measures  and  balances  approved  by  the  Gov- 

measures  ernment  of  the  United  States ;  said  duplicates  shall  be  kept  in  the 

custody  of  the  Clerk  of  the  county  court  for  each  county  and  in 

the  office  of  said  clerk. 

sec.  2  The  Fiscal  Court  of  each  county  may  in  its  discretion  appoint  an 

Inspector    to    be  ap- .  ..          .  J  J.  .,   .  ,  .          , 

pointed  inspector  of  weights  and  measures,  said  inspector  to  be  appointed 

by  the  Fiscal  Court  at  its  October  session  and  who  shall  hold  office 
for  two  years,  or  until  his  successor  is  selected  and  qualified. 
Before  entering  upon  the  discharge  of  his  duties  he  shall  execute 


1  The  term  coal  includes  anthracite,  cannel,  bituminous  and  other  mined  coal. 


Kentucky 


!  e  x 


- 


Fiscal  court  to  provide 
Wei8hts> 


bond  for  the  faithful  performance  of  his  duties,  said  bond  to  be 
approved  by  the  judge  of  the  county  court  and  the  penal  sum  to 
be  fixed  by  said  judge  of  the  county  court.  The  duties  of  inspector 
shall  not  be  incompatible  with  those  of  any  other  county  office  and 
the  fiscal  court  may,  in  its  discretion,  authorize  said  duties  to  be 
performed  by  some  county  official. 

It  shall  be  the  duty  of  the  inspector  to  test,  at  least  once  a 
year,  all  weights,  measures,  balances,  scales,  steel  yards  or  beams 
in  the  county  owned  or  used  by  any  person,  firm  or  corporation 
engaged  in  buying  or  selling  merchandise,  groceries,  produce,  poul- 
try, grain,  provender,  meats,  coal,  ice,  feed  stuffs,  iron,  rags,  metal, 
junk,  wares,  wool,  hides,  leather  or  other  articles  of  trade  or  com- 
merce, horses,  cattle,  sheep,  hogs  or  other  live  stock,  and  using 
said  scales,  weights  or  measures  for  determining  the  weight  of  any 
said  articles  in  either  selling  or  buying  same.  The  Inspector  shall 
also  test  all  public  scales  where  commodities  or  live  stock  are 
weighed  and  for  which  fees  are  charged.  The  Fiscal  Court  shall 
provide  the  inspector  with  weights,  measures  and  balances  and 
such  other  apparatus  as  will  enable  him  to  make  the  necessary 
tests.  In  counties  containing  cities  of  the  first,  second  and  third 
classes,  where  any  such  cities  by  ordinances  require  inspections  of 
weights,  measures  and  balances  as  often  and  of  like  character  in 
this  act,  the  inspector  herein  provided  shall  not  make  any  inspec- 
tions in  said  city. 

The  inspector  shall  receive  as  compensation  the  following  fees  : 

r  1_       i    j.r  1  j-          -i  j    •  •    1  • 

for  testing  each  platform  scales  ordinarily  used  in  weighing 

stock,  coal,  grain,  provender,  wagons  and  heavy  articles  of  like 

character,  one  dollar  and  fifty  cents;  for  testing  each  steel  yard, 

balance,  beam  or  any  other  scales,  twenty-five  cents,  and  for  test- 

ing each  weight  and  measure  five  cents;   said  fees  to  be  paid  by 

the  owner,  operator  or  person  in  possession  of  said  scales,  weights 

and  measures.     The  inspector  after  making  any  of  the  tests  pro-   inspector  to  furnish 

.  1      1    <>        i  •  1      it     i    i*  ,,  *  f  ,         owner  with  certificate 

vided  for  herein,  shall  deliver  to  the  owner  or  operator  of  scales, 
weights,  measures  and  balances  tested,  a  certificate  setting  forth 
the  articles  tested  the  result  and  date  of  the  test,  and  the  inspector 
shall  keep  a  complete  record  of  all  tests  made  and  on  the  first  Mon- 
day  in  each  month  shall  file  in  the  Clerk's  office  of  the  county  T°  fi'e  statement  of 

,  .  .  ...  J  tests  made 

court  a  statement  over  his  signature  showing  the  tests,  if  any, 
made  by  him  during  the  previous  month. 

Upon  complaint  of  any  person  made  by  affidavit  before  the  judge   Ifey  0  «  inspector 
of  the  county  court,  stating  that  he  has  been  cheated  or  defrauded  whencomplaln'lsinade 
by  the  use  of  any  scales,  balances,  or  measures,  within  thirty  days 
previous  to  said  complaint,  the  county  judge  shall  order  the  inspec- 
tor to  immediately  make  a  test  of  the  scales,  weights  or  measures 
complained  of.     If  same  are  inaccurate  in  any  respect,  the  owner, 


S60-  4 

Compensation  of  in- 


To  keep  record 


152  La-ws  Concerning  Weights  and  Measures 

operator  or  person  in  charge  of  the  scales,  weights,  or  measures 
complained  of,  shall  pay  the  fees  of  the  inspection  in  addition  to 
the  other  penalties  prescribed  by  law.  In  the  event  that  said 
scales,  weights  or  measures  complained  of  are  found  to  be  accu- 
rate, the  complainant  shall  pay  the  fees  for  testing.  The  inspec- 
tor shall  have  the  right  to  make  a  test  at  any  time,  but  there  shall 
be  fees  charged  for  only  one  inspection  per  year  of  the  same  scales, 
weights  or  measures  except  in  cases  of  complaint  as  herein  pro- 
vided. It  shall  be  the  duty  of  the  inspector  of  weights  and  meas- 
ures having  knowledge  or  information  of  the  use  of  false  weights, 
or  measures,  or  inaccurate  scales  or  measures  in  the  county  by  any 
person  whatsoever,  to  report  same  to  the  county  attorney  and  to 
the  next  succeeding  grand  jury,  if  the  user  is  not  sooner  arrested 
and  tried.  The  inspector  shall  aid  in  the  prosecution  of  the  offend- 
ers under  this  act. 

Any  person  who  shall  buy  or  sell  by  any  weight,  balance,  scales 
or  measure  that  does  not  correspond  to  or  agree  with  the  weights, 
measures,  and  balances  herein  provided,  or  shall  use  or  give 
any  false  weights  or  measures,  or  shall  keep  any  false  weights, 
measures,  scales  or  balances  on  hand  for  the  purposes  of  buy- 
ing or  selling  therewith  shall  be  fined  in  any  sum  not  less 
than  four  dollars  nor  more  than  one  hundred  dollars  for  each 
offense  or  a  like  sum  for  each  and  every  month  he  continues 
to  keep  the  false  weights,  measures,  scales  or  balances  on  hand. 
in"Any  person  who  shall  refuse  to  permit  the  inspector  to  make  a 
test  of  weights,  measures,  scales  or  balances,  owned  or  operated 
by  him  or  under  his  control,  or  shall  prevent  or  interfere  with  the 
inspector  in  doing  so,  or  shall  refuse  to  pay  the  fees  for  tests  after 
same  has  [have]  been  made,  shall  be  fined  for  each  offense  in  any 
sum  not  exceeding  one  hundred  dollars,  and  for  each  and  every 
day  the  said  inspector  is  so  prevented  from  making  tests  provided 
for  in  this  act,  shall  constitute  a  separate  offense. 

Sections  4817,  4818  and  4819  of  the  Kentucky  Statutes  and  all 
other  laws  in  conflict  with  this  act  are  hereby  repealed. 
Stats"  ch'  An  inspection  warehouse  outside  of  a  city  may  be  established 
e- by  tne  county  court  of  the  county  wherein  it  is  located,  upon  the 
houses;  county  court  application  of  any  person  entitled  as  owner  or  lessee,  but  the  same 
ideation  '  lp  shall  not  be  established  unless  the  warehouse  be  built  of  such  ma- 

terial and  in  such  manner  as  to  prevent  injury  to  articles  stored 
therein. 
Sec.  2187  Scales,  steel  yards,  or  patent  balance,  with  suitable  weights  suf- 

Scalea  and  balances-    .  .       J  '  ,      ,,      '  .,     , 

to  be  provided  ficient  to  weight  at  least  one  ton,  shall  be  provided  as  appurtenant 

to  the  warehouse. 

Ieiiing9articies  under     Whoever  shall  sell  or  offer  to  sell  any  barrel  or  other  package  of 
weight  such  article  [of  which  he  is  appointed  inspector],  knowing  the  arti- 


Kentucky 

cle  not  to  be  of  the  weight  or  quantity,  after  allowing  for  ordinary 
weight  or  loss  of  weight,  that  is  required  by  law,  or  that  is  marked 
or  branded  thereon,  shall  be  fined  ten  dollars  for  every  barrel  or 
package  so  sold  or  offered  for  sale. 

Whoever  shall  knowingly  sell,  or  attempt  to  sell,  any  hogshead,    Hijacked  hogs- 
barrel  or  other  package  of  tobacco,  liquor,  salt,  beef,  pork  or  lard,heads'casksor  barrels 
which  is  falsely  packed  or  filled,  or  the  staves  or  heading  of  which 
are  falsely  made,  with  a  view  to  cheat  a  purchaser  as  to  weight  or 
quantity,  or  shall  so  pack,  fill  or  prepare  a  hogshead,  barrel  or 
other  package,  with  such  intent,  shall  be  fined  ten  dollars  for  every 
such  hogshead,  barrel  or  other  package. 

In  all  cities  and  counties  where  there  are  grain  warehouses,    carroii(>s*pstats    ch 
and  where  there  is  no  board  of  trade,  it  shall  be  the  duty  of  the  ^P-  ^39 
Fiscal  Court  of  the  county  to  appoint  an  inspector  and  weigher  for   inspector  and  weigher 

•1  1  r         -ii          i_    «  .ei  1          j-^i  111    at  grain  warehouses 

said  warehouses  [grain]  who  shall  file  a  bond  in  the  county  clerk  s  Bond 
office,  with  good  sureties,  to  be  approved  by  the  court,  conditioned 
for  the  faithful  performance  of  his  duty  as  such  inspector  and 
weigher,  on  which  suit  may  be  brought  by  any  person  injured  by 
the  violation  of  such  duty.  Said  inspector  and  weigher  shall  have 
the  inspection  and  weighing  of  all  commodities  stored  in  said 
warehouses.  The  Fiscal  Court  of  the  county  shall  fix  the  fees  of  Fees 
said  inspector  and  weigher,  which  shall  be  paid  by  the  seller.  No 
person  interested  in  any  warehouse  shall  be  appointed  an  inspector, 
weigher  or  registrar;  nor  shall  any  inspector,  weigher  or  regis- 
trar have  stored  or  offered  for  sale  in  any  warehouse  under  his 
supervision  any  commodity  owned  by  him  or  in  which  he  is  directly 
or  indirectly  interested.  Nor  shall  he  be  a  purchaser  at  any  sale 
made  by  the  warehouse  of  any  commodity  inspected,  weighed  or 
registered  by  him.  *  *  *  Said  inspector  and  weigher  shall  be  Term 
appointed  for  the  term  of  two  years  and  until  his  successor  is 
appointed  and  qualified. 

Any  duly  authorized  inspector  and  weigher  of  grain,  who  shall    f^uy  tor  neglect  of 
be  guilty  of  neglect  of  duty,  or  who  shall  knowingly  or  carelessly dut? 
inspect  or  grade  any  grain  improperly,  or  who  shall  accept  any 
money   or   other   consideration,    directly   or   indirectly,   for   any 
neglect  of  duty  or  the  improper  performance  of  any  duty  as  such 
inspector  of  grain,  and  any  person  who  shall  improperly  influence 
any  inspector  of  grain  in  the  performance  of  his  duties  as  such 
inspector,  shall  be  deemed  guilty  of  a  misdemeanor  and,  on  con-  pr^erfyeitafluence  *£- 
viction,  shall  be  fined  in  a  sum  not  less  than  one  hundred  dollars  spector;  penalty  for 
nor  more  than  one  thousand  dollars,  in  the  discretion  of  the  jury, 
or  shall  be  imprisoned  in  the  county  jail  not  less  than  three  nor 
more  than  twelve  months,  or  both,  in  the  discretion  of  the  jury. 

All  proprietors  or  managers  of  public  grain  warehouses  shall    Copy4o7f9this  law  to  be 
keep  posted  up  at  all  times  in  a  conspicuous  place  in  their  business  posted 
offices,  and  in  each  of  their  warehouses,  a  printed  copy  of  this  act. 


154  Laws  Concerning  Weights  and  Measures 

^  can-oil's  stat.,ch.  ss.      j    That  when  a  majority  of  the  miners  engaged  in  digging  or 
vSec  2  (I15<5)  mining  coal  at  any  coal  mine  in  this  state  at  which  as  many  as 

2  scales  at  twenty  men  are  employed,  request  the  owner  or  owners  or  operator 
or  operators  of  any  of  said  mines  to  allow  the  said  miners  to  em- 
ploy, at  their  own  expense,  a  person  to  inspect  the  scales  at  said 
mine  and  see  that  the  coal  digged  and  mined  by  said  miners  is 
properly  weighed  and  accounted  for,  and  do  and  perform  such 
other  duties  as  will  insure  that  said  coal  is  properly  weighed  and 
correctly  accounted  for,  said  owner  or  owners  or  operator  or 
operators  shall  permit  such  person  to  be  employed  by  said  miners 
making  the  request:  provided,  The  person  so  employed  has  the 
reputation  of  being  an  honest,  trustworthy,  discreet  and  upright 
man.  The  appointment  under  the  provisions  of  this  act  of  each 
inspector  and  assistant  weigher  shall  be  approved  by  the  judge 
of  the  county  court  of  the  county  wherein  the  same  is  made. 
(1906)  The  owner,  agent  or  operator  of  every  coal  mine  in  this  State 

°pera" a*  w^1^c^1  the  mmel"s  are  paid  by  weight  shall  provide  at  such 
mines  suitable  and  accurate  scales  for  the  weighing  of  the  coal  for 
which  the  miners  are  to  be  paid;  and  when  differences  arise  be- 
tween the  owner,  agent  or  operator  of  the  mine  and  the  miners 
employed  in  the  same  as  to  the  accuracy  or  capacity  of  the  scales, 
the  question  shall  be  referred  to  the  chief  State  Inspector  of 
Mines,  whose  duty  it  shall  be  to  inspect  and  test  said  scales  in 
person  or  by  an  assistant  inspector  of  mines,  as  early  as  practicable 
after  receiving  notification;  and  should  said  inspector  find  the 
scales  inaccurate  or  defective  beyond  the  limit  admitted  in  scales 
of  standard  manufacture,  he  shall  notify  the  owner,  agent  or 
operator  of  the  mine  and  said  scales  shall  forthwith  be  repaired 
and  made  accurate  or  accurate  scales  substituted  therefor.  Any 
owner,  agent  or  operator  of  a  coal  mine  who  refuses  or  fails  to 
comply  with  instructions  to  render  his  mine  scales  accurate  shall 
be  guilty  of  a  misdemeanor  and,  on  conviction,  shall  be  fined  not 
less  than  five  dollars  nor  more  than  fifty  dollars. 


LOUISIANA 


The  Governor  at  the  expense  of  the  state,  shall  procure  or  cause  Igfev-  Laws- 

'  2? 


to  be  procured,  one  complete  set  of  copper  weights,  to  correspond     ec 

with  weights  of  their  like  denomination  used  by  the  revenue   standards  axed,  how 

officers  of  the  United  States,  in  their  offices,  together  with  scales  °b 

for  said  weights,  and  a  stamp  or  a  seal,  with  such  device  as  the 

Governor  may  deem  proper;  as  also  one  complete  set  of  meas- 

ures, calculated  for  dry,  liquid  and  long  measures,  of  the  same 

capacity  and  length  as  those  of  their  like  denomination  used  by 

such  revenue  officers  aforesaid;  which  set  of  weights  and  meas- 

ures, together  with  the  scales  and  stamps,  shall  be  deposited  in 

the  office  of  the  Secretary  of  State  to  serve  as  a  general  standard  of 

weights  and  measures  in  this  state. 

It  shall  be  the  duty  of  the  Governor  to  nominate,  and,  by  and   factors,  how  ap- 
with  the  advice  and  consent  of  the  Senate,  appoint  for  each  ofp°inted 
the  four  Districts  of  the  city  of  New  Orleans,  a  suitable  person  as 
the  Sealer  of  Weights  and  Measures,  and  he  shall  appoint  in  like 
manner,  a  person  in  each  of  the  respective  parishes  of  this  State, 
each  of  whom  shall  hold  the  office  for  the  term  of  two  years. 

That  the  office  of  inspector  of  weights  and  measures  in  all  the    Rev  £^}  I904 
parishes  of  this  state,  (except  the  parish  of  Orleans),  be  and  the18^ 
same  is  hereby  abolished.  offices  abolished 

That  the  police  jury  of  the  several  parishes  throughout  the   Authority  to  estab- 
state,  the  parish  of  Orleans  excepted,  shall  have  power  to  provide  Ush;  fees 
for  said  inspection  when  they  deem  it  necessary,  and  regulate  the 
duties  and  fees  for  same. 

That  the  laws  in  conflict  or  contrary  to  the  provisions  of  this   Repeal 
act  be  and  the  same  are  hereby  repealed. 

It  shall  be  the  duty  of  the  persons  thus  appointed,  to  visit  all   Rev  ££•%) 
places  of  business,  in  their  district  or  parish,  for  which  they  are  ^c 
appointed,  once  in  each  year,  and  at  any  other  time  when  on  com-   Duties'ot  inspectors 
plaint  or  by  request,  their  Services  may  be  required,  and  to 
inspect  all  weights  and  measures  used  in  the  places  of  business, 
and  when  found  to  correspond  with  the  standard  of  the  State,  to 
seal  them  or  give  a  written  certificate  of  their  correctness;  but 
when  found  to  disagree  with  the  standard  of  the  State,  the 
inspector  shall  forbid  their  further  use  until  they  shall  have  been 

155 


156  Laws  Concerning  Weights  and  Measures 

corrected,  approved  and  sealed.     It  shall  also  be  the  duty  of  the 
Inspectors  to  attend  upon  all  calls  made  upon  them  for  perform- 
ing the  duties  of  their  office. 
Negiictsof  duty;  pen-     Jt  sna^  ^e  ^e  duty  of  each  inspector  to  see  that  no  other 

a«y  weights  and  measures  but  those  established  by  law  be  made  use  of 

within  the  limits  of  this  State ;  and  in  case  of  negligence  or  breach 
on  the  part  of  the  inspector,  he  shall  be  condemned  to  pay  a  fine 
not  exceeding  two  hundred  nor  less  than  one  hundred  dollars. 
The  Common  Council  of  New  Orleans  are  authorized  to  pass 
regulations  or  ordinances  relative  to  the  police  of  weights  and 
measures,  to  insure  within  the  city  of  New  Orleans  the  execution 
of  this  law. 
parishet  to  have  set,  Each  parish,  as  soon  as  practicable,  shall  be  provided,  at  the 

etc-  'expense  of  such  parish,  with  a  set  of  weights  and  measures,  and  a 

stamp  conformably  to  those  hereinbefore  set  forth,  the  same  to 
be  kept  by  the  parish  recorder. 
New3  oceans  to  pro-     The  inspectors  f or  the  f our  districts  of  the  city  of  New  Orleans 

cure  set  shall  procure  a  set  of  weights  and  measures  at  the  expense  of  the 

city. 

Fees^oVseaier  The  appointed  sealer  of  weights  and  measures  shall  be  entitled 

to  and  receive  the  following  fees : 

For  each  yearly  visit  and  inspection  of  a  full  set  of  steelyards, 
or  of  scales  with  their  weights  or  of  balances  with  their  weights,  or 
of  a  bushel  measure  and  its  parts,  or  of  a  gallon  measure  and  its 
parts,  or  a  set  of  yardsticks,  they  shall  receive  twenty-five  cents,  and 
Fees  no  more;  for  sealing  each  weight  and  measure,  five  cents;  for  the 

examination  of  each  platform  scale,  cotton  and  tobacco  scale,  and 
its  apparatus,  fifty  cents;  and  for  sealing  the  same  fifty  cents;  the 
fees,  in  all  cases,  to  be  paid  by  the  owners  of  the  weights  and  meas- 
ures inspected  and  sealed.  The  stamp  shall  be  impressed,  and 
payment  required  for  doing  the  same  only  on  such  as  have  not 
been  stamped,  or  such  as,  having  once  been  stamped,  are  found  so 
defective  as  to  require  to  be  regulated  with  the  standard. 
fiicitagI9vacancies  in  In  case  °f  vacancy,  by  death  or  resignation,  the  Governor  shall 

°mce  have  power  to  appoint. 

wno39has  power  to     The  inspectors  only  shall  have  the  power  to  stamp  weights  and 

stamp  measures,  and  upon  the  stamp  shall  be  the  initials  of  the  inspector's 

name. 
Iaies921etc    to  be     ^°  Person  shall  buy  or  sell  any  commodity  whatsoever,  by 

made  by  standard  weight  or  measure,  which  does  not  correspond  with  the  aforesaid 
standard,  or  is  not  stamped  after  the  said  parishes  have  procured 
the  standard  weights  and  measures  as  aforesaid ;  or  shall  keep  any 
such  weights  or  measures  for  the  purpose  of  buying  and  selling 
thereby,  under  the  penalty  of  fifty  dollars  for  each  offense,  besides 
the  forefeiture  of  the  weights  and  measures  found  to  be  false ;  and 


Louisiana 

of  a  fine  of  ten  dollars  when  the  weights  and  measures  shall  be 
found  to  be  just,  though  not  stamped;  said  fine  to  be  recovered 
before  any  tribunal  of  competent  jurisdiction,  one-half  to  the  benefit 
of  the  informer,  and  the  other  half  to  the  parish  in  which  the 
offender  resides.  All  weights  and  measures  seized  shall  be  for- 
feited for  the  benefit  of  the  stamper,  who  shall  not  return  them 
into  circulation  until  he  has  made  them  conformable  to  his 
standard. 

Whosoever  shall  make,  or  cause  to  be  made  use  of,  or  shall  utter   f^9« 
false  stamps  or  seals,  shall,  on  conviction  thereof,  be  subjected  to  penalty 
the  pains  and  penalties  of  forgery  under  the  laws  of  this  State. 

It  is  forbidden  to  sell,  or  cause  to  be  sold,  measures  and  weights,    |eiiin£3  unstamped 
unless  they  have  been  tried  and  stamped  by  persons  appointed  for  measures  aad  weights 
that  purpose,  under  the  penalties  imposed  by  the  second  preceding 
section. 

The  person  appointed  to  inspect  and  seal  weights  and  measures   iepyinting  of  inspec- 
may  employ  assistance  when  necessary,  at  their  own  expense,  buttor 
shall  not  commit  their  functions  to  a  substitute  without  being 
subject  to  dismissal  from  office  by  the  Governor. 

Coal  shall  be  sold  by  the  barrel  or  bushel  measure;   grain  shall    loai measure; grain; 
be  sold  by  the  barrel,  bushel  or  weight;    the  legal  weight  of  a  ^e^dco^(  oats>  bar' 
bushel  of  wheat  shall  be  sixty  pounds;  of  a  bushel  of  corn,  fifty-six 
pounds;    of  a  bushel  of  oats,  thirty- two  pounds;    of  a  bushel  of 
barley,  thirty-twro  pounds,    and  of  a  bushel  of  rye,  thirty-two 
pounds. 

It  shall  be  the  duty  of  each  inspector  in  the  city  of  New  Orleans,    Quarterly  returns  to 
to  make  quarterly  returns,  under  oath,  to  the  Treasurer  of  the  State,    the  state  treasurer 
of  all  moneys  collected  for  fines,  together  with  a  written  statement 
thereof. 

Inspection  of  flour  and  weights  and  measures  for  the  town  of  Ig*ev'  Laws>  I9°4>  p 
Washington.     See  Section  1872. J  sec.Jf*' 

Appointment  of  inspectors.     See  sec.  3924.  etclnspection  °f  fl°ur> 

The  Governor  shall,  by  and  with  the  advice  and  consent  of  the 
Senate,  appoint  for  the  parish  of  Orleans,  on  the  right  bank  of  the    ! 
river,  a  suitable  person  as  a  sealer  of  weights  and  measures,  who   Appointment  of 
shall  hold  the  office  for  the  term  of  two  2  years.  sealer 

That  the  Governor  nominate  and  by  and  with  the  advice  and  l8^Iec.Li?ASct8??j877'. 
consent  of  the  Senate,  appoint  for  the  Sixth  District  of  the  parish  &i£e^£yI*BC< 
of  Orleans  a  suitable  person  as  a  sealer  of  weights  and  meas-  na^overaor  to  nomi" 
ures;  and  for  the  Seventh  District  of  the  parish  of  Orleans  a  suit- 
able person  as  a  sealer  of  weights  and  measures,  who  shall  hold 
their  offices  for  a  term  of  four  years. 

1  SEC.  1872.  The  Governor,  with  the  advice  and  consent  of  the  Senate,  shall  appoint  an  Inspector  of 
Flour,  who  shall  also  fulfill  the  duties  of  Inspector  of  Weights  and  Measures,  for  the  town  of  Washington, 
whose  duties,  compensation  and  penalties  shall  be  the  same  as  are  now  prescribed  and  are  allowed  by  the 
existing  laws  regulating  the  same  in  the  city  of  New  Orleans. 

2  See  following  section. 


158  Laws  Concerning  Weights  and  Measures 

|£y*g  That  the  said  person  so  appointed  shall  perform  the  duties  of 

said  office  in  accordance  with  the  provisions  of  Act  No.  70,  session 
acts  of  1868,  approved  September  9,  1868. 

That  this  act  shall  take  effect  from  and  after  its  passage,  and 
that  all  laws  conflicting  therewith  be  and  the  same  are  hereby 
repealed.     (Act  70  referred  to  in  above  is  now  R.  S.  3930  to  3940.) 
Rev.  Laws?i9o4>  pp.      Jt  sna^  be  the  duty  of  the  person  appointed  to  visit  all  places 
I8s2e~c!833933i  °f  business  in  his  district  once  in  each  year,  and  at  any  other  time 

inspection  oi  weights  when  on  complaint  or  by  request,  his  services  may  be  required 

and  measures  ,  .  11-11  •  •, 

and  to  inspect  all  weights  and  measures  in  places  of  business,  and 
when  found  to  correspond  with  the  standard  of  the  state,  to 
seal  them,  or  give  a  written  certificate  of  their  correctness;  but 
when  found  to  disagree  with  the  standard  of  the  State  the  inspector 
shall  forbid  their  further  use  until  they  shall  have  been  corrected, 
approved  and  sealed.  It  shall  also  be  the  duty  of  the  said  inspector 
to  attend  upon  all  calls  made  upon  him  for  performing  the  duties 
of  said  office. 

fnsplctor  authorized  ^e  msPector  for  said  parish  on  the  right  bank  shall  be  author- 
to  procure  set  ized  to  procure  a  set  of  weights  and  measures  at  the  expense  of  the 

parochial  authorities  thereof. 

Iees3of3seaier  The  person  appointed  sealer  of  weights  and  measures  shall  be 

entitled  to  receive  similar  fees  to  those  paid  to  the  inspectors  of 
the  city  of  New  Orleans. 

vacancies  ^n  case  °^  vacancy  by  death  or  resignation,  the  Governor  shall 

have  power  [to  appoint,]  as  provided  in  section  3930  of  this  act. 

sees.  3935-3936  Power  of  inspector;  use  of  unstamped  weights  and  measures 

prohibited.  See  Sees.  3920,  3921. 

Feesfby  whom  paid  ^ees  m  a^  cases  t°  be  paid  by  the  owner  of  the  weights  and 
measures  inspected  or  sealed;  the  stamp  shall  be  imposed  and 
payment  required  for  doing  the  same  only  for  such  as  have  not 
been  stamped  or  such  as  having  once  been  stamped  are  found  so 
deficient  as  to  require  to  be  regulated  with  the  standard. 

sec.  3938  The  parochial  authorities  of  said  parish  are  authorized  to  pass 

0  w  regulations  and  ordinances  relative  to  the  police  of  weights  and 

measures  to  insure  within  the  said  parish  of  Orleans,  right  bank, 
the  execution  of  this  law  relative  to  weights  and  measures. 

Sale  °^  unstamped  weights  and  measures  prohibited;  inspector 


weights  and  measures  may  employ  assistant,  etc.     See  Sees.  3923,  3924. 

prRe!v!  taws,  1904,  pp.     That  there  shall  be  appointed  by  the  Governor,  by  and  with  the 

l8sec'83S'  >88  advice  and  consent  of  the  Senate,  two  coal  and  coke  boat  gangers, 

who  shall  have  their  offices  in  the  city  of  New  Orleans;  provided, 

however,  that  the  governor  shall  have  the  power  to  remove  from 

office  any  coal  and  coke  boat  or  barge  gauger  upon  satisfactory 

proof  made  to  him  of  negligence  or  official  misconduct. 


Louisiana 

Each  of  said  gaugers  shall  give  bond,  payable  to  the  governor   lond2  required 
or  his  successor  in  office  with  two  sufficient  sureties,  in  the  penal 
sum  of  five  thousand  dollars,  conditioned  for  the  faithful  perform- 
ance of  the  duties  required  of  him  by  law. 

It  shall  be  the  duty  of  said  gaugers  to  gauge  all  boats  and  barges    Rev  <g£gs 
containing  coal  whether  anthracite  or  bituminous,  or  coke,  brought I9^-  V'°L  m-  p-  ^ 

~    T          .    .  -  r  ,    ,.  Sec.   3,   as  amended 

into  the  state  of  Louisiana  for  sale  or  for  delivery  under  sales  bv  a<*s  of  1904,  P.  20i 

,.   , ,   .         ,     ,  All  boats  and  barges 

made  OUt  OI  thlS  State.  of  coal  must  be  gauged 

Such  gauging  shall  consist  in  reducing  the  length,  breadth  and    Rev.  iX?^.  pp. 
depth,   inside  measurement,   of  boats   or  barges,   deducting  all18^;1*5 
obstructions  and  displacements,  into  cubic  inches  and  dividing   Gauging 
said  cubic  inches  by  twenty-six  hundred  and  eighty-eight  (2688), 
thus  ascertaining  the  net  measurements  in  bushels.     Two  and  six    Bushei 
tenths  (2  6/10)  bushels  shall  constitute  a  barrel.  Barrel 

In  all  cases  it  shall  be  the  duty  of  the  gaugers,  or  either  of  them,    sec.  s,  as  amended 
to  respond  promptly  to  any  call  made  for  their,  or  either  of  their,  3Duty  of  coai  gaugers 
services,  and  to  furnish  a  full  and  detailed  certificate  of  gross 
measurement  of  the  boat  or  barge  gauged,  and  the  allowance  made 
for  obstructions  and  displacements,  provided,  however,  that  the 
failure  to  call  upon  them,  or  either  of  them,  shall  not  relieve  them, 
or  either  of  them,  of  the  obligation  to  gauge  all  coal  and  coke 
boats  and  barges  as  provided  by  section  one  of  this  act. 

The  fee  for  gauging  or  regauging  shall  be  ten  dollars  ($10),  for   sec.e 
each  boat,  and  five  dollars  for  each  barge,  to  be  paid  by  the  seller, 
except  as  hereinafter  provided. 

The  purchaser  of  any  boat  or  barge  of  coal  or  coke,  shall  have 
the  privilege  of  calling  upon  the  said  gauger  or  gaugers  to  regauge 
boats  or  barges  in  all  cases  where  the  original  gauge  is  not  satis- 
factory, and  such  regauge  shall  be  adopted  as  the  correct  measure. 
If  the  original  gauge  shall  be  found  to  be  correct,  then  the  pur- 
chaser shall  pay  the  fee  for  regauging;  but  if  the  regauge  shows  a 
less  measure,  then  the  seller  shall  pay  the  fee. 

No  boatload  of  coal  or  coke,  nor  any  part  thereof,  shall  be 
delivered  to  the  purchaser,  whether  the  sale  thereof  was  made 
within  or  without  the  state,  until  it  has  been  inspected  as  provided 
for  in  this  act.  And,  any  person,  partnership,  firm  or  corporation 
who  shall  sell  or  deliver  in  this  state  a  boatload  or  a  barge  load 
of  coal  or  coke,  or  any  part  thereof,  that  has  not  been  gauged  as 
herein  provided,  or  who,  within  twenty-four  (24)  hours  after  the 
arrival  in  this  state  of  any  boat  or  barge  loaded  with  coal  or  coke, 
shall  not  have  notified  said  coal  gaugers,  or  either  of  them,  at 
their  offices  in  the  city  of  New  Orleans,  of  its  arrival  in  this  state 
requesting  that  the  same  be  gauged  as  aforesaid,  shall  be  liable 
to  a  penalty  of  fifty  dollars  ($50)  for  each  boat  or  barge  of  coal 
or  coke,  or  part  thereof,  so  sold  or  delivered,  and  for  each  boat 


160  Laws  Concerning  Weights  and  Measures 

or  barge  so  arriving  in  this  state  of  which  no  notice  was  given  to 
the  said  coal  gaugers,  to  be  recovered  with  costs  of  suit,  in  any 
court  of  competent  jurisdiction  for  the  benefit  of  the  charity 
hospital  of  the  city  of  New  Orleans. 
Tenure  of  office  The  term  of  office  of  said  gaugers  shall  be  four  years.     This  act 

to  take  effect  from  and  after  its  passage. 

Rev.  £aws?  1904,  p.      That  all  anthracite  or  bituminous  coal  sold  in  this  state  shall 

I8ssec.  i,  as  amended  be  gauged  or  weighed  by  the  State  coal  and  coke  gaugers  in  the 

b3GauteVcoai-Fee    state>  whose  fees,  duties  and  responsibilities  shall  remain  as  now 

fixed  by  law,  provided  the  fee  for  weighing  shall  not  exceed  one 

cent  per  ton. 

Itandard  barrel  and     That  the  standard  measures  for  the  bituminous  and  anthracite 
ton  coal  in  this  state  shall  be  the  barrel  containing  6988  cubic  inches 

and  the  standard  ton  of  2000  pounds. 

ftae3  That  whoever  shall  violate  the  provisions  of  this  act  shall  be 

adjudged  guilty  of  a  misdemeanor  and  shall  be  fined  not  less  than 

fifty  dollars  ($50),  nor  more  than  $100  at  the  discretion  of  the 

court,  for  each  offense. 

is^Acttr^sT4'  P'     That  what  is  known  as  Scribner's  Lumber  and  Log  Book — 

Measurement  of  saw  D°yle'S  HlleS  which  is  aS  follows! 

:  man  cypress  Take  four  off  the  diameter  of  log  and  multiply  the  square  of  half 
the  remainder  by  the  length  of  log;  divide  the  product  by  four; 
quotient  will  show  the  number  of  feet  contained  in  the  log;  be  and 
the  same  is  hereby  adopted  as  the  standard  scale  for  the  measure- 
ment of  saw  logs;  provided  that  Scribner's  rule  may  be  used  by 
agreement  of  both  parties.  Provided  said  measurement  shall  not 
apply  to  cypress  timber, 
sec.  2  That  any  person  violating  the  provisions  of  this  act  shall  be 

Misdemeanor  ,  ,         J~tf_        £  •    j  j  •    <•  <i  c 

penalty  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 

shall  be  fined  not  less  than  fifty  dollars,  nor  more  than  one  hun- 
dred dollars,  or  imprisoned  in  the  parish  jail  not  less  than  thirty 
nor  more  than  ninety  days. 

^ArtT8'  'i904'  P      That  what  is  known  as  the  Doyle's  rule,  or  scale,  shall  be  the 
231  standard  rule  for  the  measurement  of  saw  logs  in  this  State;  pro- 

Act' to  adopt  a  stand- vided,  that  this  act  shall  not  prevent  the  use  of  a  different  rule  or 
urementeoff°rsaweiogsas"  scale  when  both  the  seller  and  the  buyer  prefer  to  use  a  different 

scale. 

Repeal  That  all  laws  or  parts  of  laws  in  conflict  herewith  are  repealed. 

Act  s,  1870,  p.  49,  as     That  whosoever  shall  falsify  and  knowingly  sell  or  buy  any 

18^4? act eif,p.yioLaws' produce  or  merchandise  by  short  weights  or  measure,  shall,  on 

merasuresweights  ""*  conviction,  thereof,  be  imprisoned  at  hard  labor  for  a  period  not 

exceeding  two  years,  and  fined  not  exceeding  two  thousand  dollars, 

at  the  discretion  of  the  court. 

Asec9i' I906' p'  3S°  That  it  shall  be  unlawful  for  any  corporation,  firm,  manufac- 
onWa*ate8beofmaram1turer>  merchant  or  other  dealer,  their  agents  or  employes,  to  sell 
etc.  'or  offer  for  sale  any  grain,  chops,  bran,  fertilizer,  meal,  flour  or 


Louisiana  161 

shorts,  in  sacks,  barrels  or  other  original  packages,  unless  the  true 
weights  of  each  package  of  such  grain,  chops,  bran,  fertilizer,  meal, 
flour  and  shorts,  be  stamped  or  marked  upon  the  sacks,  barrels  or 
other  packages. 

That  any  corporation,  shipper,  manufacturer,  merchant  or  other    flatty 
dealer,  their  agents  or  employes,  who  shall  violate  any  of  the  pro- 
visions of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  in  the  district  court  shall  be  fined  not  less  than 
ten  dollars  nor  more  than  twenty-five  dollars. 

That  the  State  Board  of  Agriculture  and  Immigration  shall  be    Act  y7, 1906.  P.  27o 
charged  with  the  duties  of  enforcing  this  act  for  the  regulation  of    Enforcement 
the  sale  of  certain  mill  products  and  cereals  not  otherwise  pro- 
vided for,  to  prevent  fraud  therein. 

That  mill  products  hereinafter  mentioned  shall  have  the  follow-    weights  of  packages 
ing  standard  weights,   viz:   Barrels  of  flour  one  hundred  and ol flour *** meal 
ninety-six   pounds    (196).     Halves,   whether  in  wood   or   sacks, 
ninety-eight   pounds    (98).     Quarters,   forty-eight   pounds    (48). 
Eighths,  twenty-four  pounds   (24).     Meal,  bolted  or  unbolted, 
shall  be  net  one  hundred  and  ninety-six  pounds  (196)  per  barrel, 
whether  in  wood  or  sacks  and  fractional  parts  thereof  shall  be  in 
the  same  proportion,  and  cereals  or  grains  of  any  kind  shall  have 
the  net  weight  given  upon  each  barrel  or  package. 

That  the  correct  names,  and  the  true  net  weight  of  the  contents  Kect3  weight  to  be 
of  each  and  every  hogshead,  barrel,  cask,  bale,  sack,  or  package  of  marked  on  packages 
any  of  the  foregoing  products,  whether  sold  in  single  packages,  or 
lots,  shall  be  plainly  marked,  branded  or  stenciled  in  large  letters 
and  figures  not  less  than  two  inches  in  size  upon  the  exterior  of 
such  hogshead,  barrel,  box,  cask,  sack,  or  package  in  a  conspicu- 
ous place,  as  the  head,  in  case  of  hogshead,  or  barrel,  and  the 
front  or  branded  side  in  case  of  sacks,  bales,  or  package,  and  it 
shall  be  unlawful  for  any  person,  firm  or  corporation  to  sell  or 
exchange  or  offer  for  sale  or  exchange  any  of  such  products  so 
packed  or  contained  until  the  provisions  hereof  have  been  com- 
plied with. 

That  if  any  person  shall  knowingly  violate  the  provisions  of  this  ^* 
act,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  convic- 
tion thereof  shall  be  fined  a  sum  not  less  than  twenty-five  dollars 
nor  more  than  one  thousand  dollars,  and  each  transaction  shall 
be  deemed  a  separate  offense,  which  fine  or  fines  shall  be  recover- 
able before  any  court  of  competent  jurisdiction  at  the  suit  of  the 
Commissioner  of  Agriculture  and  Immigration,  or  any  citizen  with- 
out bond  or  advance  cost,  and  shall  be  disposed  of  as  hereinafter 
provided. 

That  any  manufacturer,  dealer  or  other  person  who  shall  impede,    sec.  s 
obstruct,  hinder  or  otherwise  prevent  or  attempt  to  prevent  any  g^lor er 

8578°— 12 II 


1 62  Laws  Concerning  Weights  and  Measures 

inspector  or  other  person  in  the  performance  of  his  duty  in  con- 
nection with  this  act  shall  be  guilty  of  a  misdemeanor,  and  shall 
upon  conviction  be  fined  not  less  than  ten  dollars  nor  more  than 
fifty  dollars. 
Sec- 6  That  the  Commissioner  shall  have  a  privilege  on  any  mill  prod- 

Products   subject   to  ,,    .        ...      _  \   .      .    c  ,        J  *, 

seizure  for  penalties  ucts  and  cereals  sold  in  this  State,  in  violation  and  contravention 
of  the  provisions  of  this  act,  and  may  proceed  by  writ  of  provi- 
sional seizure  against  the  mill  products  and  cereals  so  sold  in  the 
hands  of  whomsoever  they  may  be,  and  wheresoever  he  may  find 
them,  regardless  of  the  domicile  of  the  owner  thereof,  to  recover 
the  fines  and  penalties  due  for  the  illegal  sale  thereof,  by  present- 
ing a  petition  to  a  competent  judge  or  magistrate,  within  whose 
jurisdiction  said  mill  products  and  cereals  are  found,  stating  on 
oath  at  the  foot  of  the  petition  the  amount  and  nature  of  the 
demand,  the  mill  products  or  cereals  on  which  the  privilege  exists, 
and  praying  that  the  mill  products  or  cereals  be  seized  to  satisfy 
the  claim  and  pay  the  costs  of  suits. 

Rev.  Laws,  1904,  P-     That  whoever  shall  falsify  and  knowingly  sell  any  produce  or 

(l8?0)          merchandise  by  short  weights  or  measure,  shall,  on  conviction 

Sec  4  wei  hts  and  tnere°f ,  be  imprisoned  at  hard  labor  for  a  period  not  exceeding 

measures™  a  two  years,  and  fined  not  exceeding  two  thousand  dollars,  at  the 
discretion  of  the  court. 

p.^riAcn's^r?!     That  shrimp  shall  be  measured  by  the  basket,  and  that  each 

20S  basket  shall  contain  seventy  pounds  avoirdupois  of  shrimp. 

Shrimp  measure 

3Sfev'  Laws>  I9°4>  P'     That  it  shall  be  unlawful  for  any  purchaser  or  weigher  of  cotton 
d888)          to  deduct  two  pounds  or  any  number  of  pounds,  known  as  scalage, 
"scaiage,"  deduction  from  the  actual  weight  of  any  bale  of  cotton,  weighed  or  pur- 
for;  unlawful  chased  by  them. 

Sec.  2  The  purchasers  shall  account  to  the  seller  of  cotton  in  all 

Damaged  cotton       instances  for  the  actual  weight  of  the  bale  purchased  or  weighed, 
except  in  cases  of  wet  or  damaged  cotton,  when  the  amount  to  be 
deducted  may  be  agreed  upon  by  the  parties  buying  and  selling. 
Sec  That  for  each  violation  of  this  act,  the  offender  shall  be  deemed 

Penalty  guilty  of  a  misdemeanor,  and  upon  conviction,  by  a  court  of  com- 

petent jurisdiction,  he  shall  be  fined  not  less  than  ten  nor  more 
than  fifty  dollars. 


MAINE. 

The  state  commissioner  of  agriculture  shall  be  the  state  sealer   !£**•  's11-  cl»-  «* 
of  weights  and  measures.     The  standards  of  weights  and  meas-    f^jfjl"^^ 
ures  adopted  by  the  state  shall  be  deposited  in  a  suitable  room  at   ca^efnTufeoi 
the  state  capital,  and  be  by  him  kept  in  suitable  cases,  for  the  pur- 
pose of  comparing  with  standards  which  by  law,  are  furnished, 
upon  the  order  and  approval  of  the  state  sealer,  for  the  use  of  the 
several  counties,  cities  and  towns. 

The  state  sealer  of  weights  and  measures  shall  enforce  the  pro-  f^  sealer  or  hls 
visions  of  law  requiring  county  and  municipal  officers  to  procure,  > 
maintain,  prove  and  seal  county  and  municipal  standards  as 
required  by  law,  and  all  standards  purchased  after  this  act  shall 
take  effect  shall  be  approved  by  said  state  sealer.  Beginning  July 
first,  nineteen  hundred  and  eleven,  he,  or  his  duly  authorized 
agent,  shall  try,  adjust  and  seal  the  standard  weights,  measures 
and  balances  of  each  county,  city  and  town  at  least  once  in  ten 
years  and  shall  see  that  they  are  kept  in  good  order  and  condition, 
and  for  such  purposes  he,  or  his  duly  authorized  agent,  may  at 
any  time  on  the  request  of  the  county  commissioners  of  any 
county,  the  mayor  of  any  city,  or  the  municipal  officers  of  any 
town,  visit  such  county,  city  or  town,  and  shall  at  all  times  have 
access  to  county,  city  or  town  standards.  He,  or  his  duly  au-  Authority  ot 
thorized  agent,  may  also  at  all  reasonable  times  inspect  and  test 
the  weights,  measures  and  balances  of  any  person,  firm,  associa- 
tion or  corporation  used  or  to  be  used  in  purchasing  from  or  selling 
to  the  public  any  goods,  wares,  merchandise  or  other  commodi- 
ties, or  for  public  weighing,  conducting  such  inspection  and  test 
with  as  little  interruption  as  possible  to  the  prosecution  of  busi- 
ness; and  if  he  finds  any  such  weights,  measures  or  balances 
inaccurate  or  defective  he  shall  forthwith  cause  the  same  to  be 
corrected  or  condemned.  He  shall  cause  the  provisions  of  the 
statutes  pertaining  to  weights  and  measures  to  be  enforced,  and  for 
this  purpose  he  shall  have  all  the  power  and  authority  conferred 
upon  the  sealers  of  weights  and  measures  in  cities  and  towns,  and 
shall  have  general  supervision  of  all  weights  and  measures  in  use 
in  the  state. 

The  state  sealer  shall  keep  a  record  in  detail  of  the  work  of  his 
office  and  shall  annually,  on  or  before  the  first  day  of  December, 

163 


164  Laws  Concerning  Weights  and  Measures 

Report  make  a  written  report  of  the  work  and  the  expenses  of  his  office 

to  the  governor  and  council. 
^RCV.  stat..  1903.  ch.      The  standard  of  weights  and  measures  furnished  by  the  United 

Itandard  of  weights  States  and  adopted  by  this  state  continues  the  standard  of  weights 

and  measures  and  measures  for  the  state;  and  the  state  sealer  of  weights  and 

measures  shall  cause  all  such  weights  and  measures  of  a  smaller 

denomination  than  those  furnished  by  the  United  States,  as  are 

necessary  to  make  a  complete  set,  to  be  compared  and  regu- 

offlciai tests  lated  by  the  standards  aforesaid;  and  keep,  at  the  expense  of  the 

state,  a  suitable  standard  balance  for  gold,  and  for  avoirdupois 
weights,  to  be  kept  with  the  weights  and  measures  at  the  state 
house,  and  used  only  for  regulating  other  weights  and  measures. 

lute2  standards,  to  Until  otherwise  provided,1  the  treasurer  of  state,  shall,  at  the 
be  procured,  by  wkom  state's  expense,  in  the  manner  provided  in  the  preceding  section, 
procure  and  preserve  as  public  standards,  to  be  used  only  as  such, 
the  following  measures,  beams  and  weights,  to  wit:  one  bushel 
one-half  bushel,  one  peck,  one-half  peck,  one  ale  quart,  one  wine 
gallon,  one  wine  half  gallon,  one  wine  quart,  one  wine  pint,  one  wine 
half  pint,  and  one  wine  gill;  said  measures  shall  be  made  of  copper 
or  pewter,  conformable  in  contents  to  said  standard  measures ;  and 
the  diameter  of  the  bushel  shall  not  be  less  than  eighteen  inches  and 
a  half,  containing  thirty-two  Winchester  quarts;  of  the  half  bushel, 
not  less  than  thirteen  inches  and  three-quarters,  containing  sixteen 
Winchester  quarts;  of  the  peck,  not  less  than  ten  inches  and  three- 
quarters,  containing  eight  Winchester  quarts;  and  of  the  half  peck, 
not  less  than  nine  inches,  containing  four  Winchester  quarts;  the 
admeasurement  to  be  made  in  each  instance  in  the  inside;  also  one 
ell,  and  one  yard;  one  set  of  brass  weights,  to  four  pounds,  com- 
puted at  sixteen  ounces  to  the  pound,  with  fit  §cales  and  steel 
beam;  also  a  good  beam  and  scales,  and  a  nest  of  troy  weights, 
from  one  hundred  and  twenty-eight  ounces,  down  to  the  least 
denomination,  with  the  weight  of  each  weight,  and  the  length  of 
each  measure,  marked  or  stamped  thereon,  and  sealed  with  a  seal, 
to  be  procured  and  kept  by  said  treasurer;  also  one  fifty-six 
pound  weight,  one  twenty-eight  pound  weight,  one  fourteen  pound 
weight,  and  one  seven  pound  weight,  of  iron. 

Aiso3by  county  treas-     The  treasurer  of  each  county,  at  the  expense  thereof,  shall  have 
onces'intotenbeyeasrsalb?  one  complete  set  of  beams,  and  of  brass,  copper,  pewter  and  iron 
state  standards          weights,  and  of  the  measures  before  mentioned,  except  the  bushel 
measure,  proved  and  sealed  by  the  state  standards,  and  conform- 
able thereto  in  breadth  and  contents;  and  preserve  them  for  the 
use  of  such  county  only  as  standards;  and  once  in  every  ten  years, 
from  July  one,  eighteen  hundred  and  thirty-nine,  he  shall  have 

penalty  them  compared,  proved  and  sealed  by  the  state  standards ;  for  each 

1  The  commissioner  of  agriculture  is  now  State  sealer  of  weights  and  measures.    (I,aws,  1911,  ch.  82.) 


Maine 

neglect  of  said  duty,  lie  forfeits  two  hundred  dollars  to  the  state, 
to  be  recovered  in  an  action  of  debt. 

The  treasurers  of  towns,  at  the  expense  thereof,  shall  constantly   ^4  8eal>  and 
keep  a  town  seal,  and,  as  town  standards,  a  complete  set  of  beams,  standard  of  beams, 

rr,  ,  j  f     J         ,t  ,,  '  weights  and  measures 

weights,  and  copper  and  pewter  measures,  conformable  to  the  state*0  be  kept  by  treasurers, 

standards,  except  that  the  bushel  measure,  and  the  half  bushel,  peck  yearsseal 

and  half  peck  measures  may  be  of  wood  instead  of  copper  or  pew- 

ter, but  of  the  same  dimensions,  and  except  also  a  nest  of  troy 

weights  other  than  those  from  the  lowest  denomination  to  eight 

ounces;  they  shall  cause  all  beams,  weights  and  measures,  belonging 

to  their  towns,  to  be  proved  and  sealed  by  the  state  or  county 

standards  once  in  ten  years,  from  July  one,  eighteen  hundred  and 

forty;  and  for  every  neglect  of  said  duty  they  forfeit  one  hundred    penalty 

dollars,  half  to  the  town,  and  half  to  the  prosecutor. 

The  municipal  officers  of  each  town  shall  annually  appoint  a    1^^^  Ol  seal. 
sealer  of  weights  and  measures  therein;  removable  at  pleasure,  and  e^by.  town  officers  and 
may  fill  vacancies;  for  each  month's  neglect  of  this  duty,  they  sev- 
erally forfeit  ten  dollars,  to  be  appropriated  as  in  the  preceding 
section.     Any  city  may  purchase  and  keep  for  use  scales     for  ~°f  wei8hers«  fey  clties 
weighing  hay  and  other  articles,  appoint  weighers,  and  fix  their 
fees,  to  be  paid  by  the  purchaser. 

Whoever,  so  appointed  and  notified  thereof,  refuses  for  seven    p^Mity  for  sealer  or 
days  to  accept  the  office  and  be  sworn,  forfeits  five  dollars,  half  toS161  not  accepting 
the  town,  and  half  to  the  prosecutor  ;  when  sworn,  he  shall  receive  cej°  ^^terds  and 
the  standards  and  seal  from  the  treasurer,  giving  a  receipt  therefor,  seal 
describing  them  and  their  condition,  and  therein  engaging  to  re- 
deliver  them  at  the  expiration  of  his  office  in  like  good  order;  and 
he  shall  be  accountable  for  their  due  preservation  while  in  his  pos- 
session. 

The  sealers  of  weights  and  measures  in  the  several  cities  and   sec.  7( 
towns  shall  annually  give  public  notice  by  advertisement,  or  by  nofic|ler0si  f^es  Ind 
posting  in  one  or  more  public  places  in  their  respective  cities  and  places  for  sealtag 
towns  notices  to  all  inhabitants  or  persons  having  usual  places  of 
business  therein  and  who  use  weights,  measures  or  balances  for 
the  purpose  of  selling  any  goods,  wares,  merchandise  or  other 
commodities  or  for  public  weighing  to  bring  in  their  weights,  meas- 
ures  and  balances  to  be  adjusted  and  sealed.     Such  sealers  shall 
attend  in  one  or  more  convenient  places  and  shall  adjust,  seal  and 
record  all  weights,  measures  and  balances  so  brought  in. 

After  giving  said  notice  the  said  sealers  shall  go  to  the  houses,   fliers  shaii  visit  per- 
stores  and  shops  of  persons  who  neglect  to  comply  therewith,  and^,^110  neglec1 
having  entered  the  same  with  the  assent  of  the  occupants  thereof, 
shall  adjust  and  seal  their  weights,  measures  and  balances.  gcc 

Said  sealers  shall  go  once  a  year  and  oftener  if  necessary,  to  every    siwif  visit 
hay  and  coal  scale,  to  every  platform  balance  within  their  respec- 


eights 


ur^ 


1 66  Laws  Concerning  Weights  and  Measures 

live  cities  and  towns  that    cannot    be    easily  or    conveniently 
removed,  and  shall  test  the  accuracy  of  and  adjust  and  seal  the 
same. 
AJi '^aies,  weights,     All  persons  using  any  scales,  weights  or  measures  for  the  pur- 

?ens?ed1ansitimemay  b*  P°se  °^  kuvmg  or  selling  any  commodity,  may,  when  they  desire 
it,  have  the  same  tested  and  sealed  by  the  sealers  of  weights  and 
measures  at  the  office  of  any  of  said  sealers. 
ifeseaier  can  not  seal     I*1  case  a  sealer  of  weights  and  measures  cannot  seal  any  weights, 

may  mark^to  snow  to- measures  an<i  balances  in  the  manner  before  provided,  he  may  mark 
them  with  a  stencil,  or  by  other  suitable  means  so  as  to  show  that 
they  have  been  inspected ;  but  he  shall  in  no  case  seal  or  mark  as 
correct  any  weights,  measures  or  balances  which  do  not  conform 

thatsecan 'nof hbe  "ad-to  the  standards.     If  such  weights,  measures  or  balances  can  be 

biddenby  sealers>  lor"  readily  adjusted  by  such  means  as  he  has  at  hand,  he  may  adjust 
and  seal  them;  but  if  they  cannot  be  readily  adjusted,  he  shall 
affix  to  such  weights,  measures  or  balances  a  notice,  forbidding 
their  use  until  he  is  satisfied  that  they  have  been  so  ad  justed  as  to 
conform  to  the  standards ;  and  whoever  removes  said  notice  with- 
out consent  of  the  officer  affixing  the  same,  shall  for  each  offense 
forfeit  a  sum  not  exceeding  fifty  dollars,  one-half  to  the  use  of  the 
city  or  town  and  one-half  to  the  use  of  the  complainant, 
leaie"  shall  be  fur-  A  sealer  when  visiting  the  place  of  business  of  any  person  for  the 

totMHn^'weight^etc8 P111^086  °^  testing  any  weights,  measures  or  balances,  may  use  for 

by  towns  and  citie's  "that  purpose  such  weights,  measures  or  balances  as  he  can  con- 
veniently carry  with  him,  and  each  city  and  town  shall  furnish  its 
sealer  with  one  or  more  duplicate  sets  of  weights,  measures  and 
balances,  which  shall  at  all  times  be  kept  to  conform  to  the  stand- 
ards furnished  by  the  state,  and  all  weights,  measures  and  balances 
so  sealed  shall  be  deemed  to  be  legally  sealed  the  same  as  if  tested 
and  sealed  with  the  standard  weights,  measures  and  balances. 
lake'3  weights  and  A  sealer  of  weights  and  measures  may  seize  without  a  warrant 

seized8 ures  may  be  such  weights,  measures  or  balances  as  may  be  necessary  to  be  used 

as  evidence  in  cases  of  violation  of  the  law  relating  to  the  sealing 

of  weights  and  measures,  such  weights,  measures  or  balances  to  be 

returned  to  the  owners,  or  forfeited  as  the  court  may  direct. 

proceedings,   when     When  a  complaint  is  made  to  a  sealer  of  weights  and  measures 

complaint  is  made,  that  by  any  person  that  he  has  reasonable  cause  to  believe  or  when  such 

incorrect  weight,   etc.,     •>          •>  /.  , 

are  being  used  sealer  himself  has  reasonable  cause  to  believe  that  a  weight, 
measure  or  balance  used  in  the  sale  of  any  commodity  within  his 
city  or  town  is  incorrect,  the  said  sealer  shall  go  to  the  place  where 
such  weight,  measure  or  balance  is  and  shall  test  the  same,  and 
mark  it  according  to  the  result  of  the  test  applied  thereto ;  and  if 
the  same  is  incorrect  and  cannot  be  adjusted,  the  said  sealer  shall 
attach  a  notice  thereto,  certifying  that  fact,  and  forbidding  the 
use  thereof  until  it  has  been  made  to  conform  to  the  authorized 


167 


Maine 

standard.     Any  person  using  a  weight,  measure  or  balance  after  we,^t  etc 

a  sealer  has  demanded  permission  to  test  the  same,  and  has  been  ^Ml  °'  permfsstonlo 

refused  such  permission  shall  be  liable  to  a  penalty  of  not  less  than  ** 

ten,  nor  more  than  one  hundred  dollars. 

All  weights,  measures  and  balances  that  cannot  be  made  to    HoVsincorrect 
conform  to  the  standard  shall  be  stamped  "  condemned  "  or  "  CD  "  ^h^  etc-  8ha11  be 
by  the  sealer,  and  no  person  shall  thereafter  use  the  same  under* 
the  penalties  provided  in  the  case  of  the  use  of  false  weights  and 
measures. 

Before   any   weights,   measures,   scales,    steelyards,   beams   or   Icaie^shaii  be  sealed 
balances  are  offered  for  sale  or  used,  they  shall  be  sealed  by  a before  sale  or  use 
public  sealer  of  weights  and  measures. 

All  measures,  by  which  fruit  and  other  things,  usually  sold  by    Measures  for  articles 
heaped  measure,  are  sold,  shall  be  conformable  in  capacity 
breadth,  to  the  public  standard.     Such  articles  as  are  sold  or 
exchanged  in  any  market  or  town  in  the  state  by  gross  or  avoir- 
dupois weight,  shall  be  sold  or  exchanged  as  follows:  twenty-five  L 
avoirdupois  pounds  constitute  one  quarter;  four  quarters,  one80011 
hundred;  and  twenty  hundreds,  one  ton;  and  all  other  articles, 
usually  sold  by  tale,  shall  be  sold  by  decimal  hundred. 

Whoever  knowingly  uses  a  false  weight,  measure,  scale,  bal-    fg^g  ,or  using  any 
ance  or  beam,  or  after  a  weight,  measure,  scale,  balance  or  beam false  wei«h's.  «tc- 
has  been  adjusted  and  sealed,  alters  it  so  that  it  does  not  conform 
to  the  public  standard  and  fraudulently  makes  use  of   it,  shall 
forfeit  for  each  offense  fifty  dollars,  one-half  to  the  use  of  the  city 
or  town  and  one-half  to  the  use  of  the  complainant;  and  every 
sealer  who  has  reasonable  cause  to  believe  that  a  weight,  measure, 
scale,  balance  or  beam  has  been  altered  since  it  was  last  adjusted 
and  sealed  shall  enter  the  premises  in  which  it  is  kept  or  used  and 
shall  examine  the  same. 

Whoever  sells  by  any  other  weights,  measures,  scales,  beams  ^  I9(j*w) 
or  balances  than  those  which  have  been  sealed  as  before  provided,  Jgff  et°c.r. 
shall  forfeit  a  sum  not  exceeding  twenty  dollars  for  each  offense,' 
and  when  by  the  custom  of  trade  such  weights,  measures,  scales, 
beams  or  balances  are  provided  by  the  buyer,  he  shall,  if  he  pur- 
chases by  any  other,  be  subject  to  a  like  penalty  to  be  recovered 
by  an  action  of  tort  to  the  use  of  the  complainant. 

The  city  council  of  a  city  may  by  ordinance,  and  a  town  may   f^™  m&y  ^  paid 
by  by-law,  provide  that  the  sealer  of  weights  and  measures  for  salary  «id  fees  paid  into 
their  city  or  town  shall  be  paid  by  a  salary,  and  that  he  shall 
account  for  and  pay  into  the  treasury  of  the  city  or  town  the 
fees  received  by  him  by  virtue  of  his  office ;  and  where  such  salary 
is  paid  no  fees  shall  be  charged  for  services  rendered  under  section 
seven. 


1  68  Laws  Concerning  Weights  and  Measures 

nf  ep'£>£ts"  I9°3'  ch'     The  fees  °f  sealers  of  weights  and  measures,  for  testing  and 


adjusting  scales,  weights  and  measures  by  the  town  standards,  to 

Sec.    21,    div.    5.    as         Jo  °  y>4 

amended  by  Pub.  be  paid  by  the  person  for  whom  the  service  is  rendered,  are  as 
pies  'for  'testing  and  f  ollows  '.  for  testing  railroad  track  scales  of  forty  thousand  pounds 
capacity  and  upwards,  two  dollars;  elevator  scales  of  twenty 
thousand  pounds  capacity  and  upwards,  one  dollar  and  fifty  cents; 
platform  scales  of  five  thousand  pounds  capacity  and  upwards, 
one  dollar;  dormant  scales  of  less  than  five  thousand  pounds 
capacity,  fifty  cents;  dormant  beef  track  scales,  fifty  cents;  plat- 
form scales  of  less  than  five  thousand  pounds  capacity,  fifty  cents; 
beam  scales  of  over  one  thousand  pounds  capacity,  fifty  cents; 
platform  scales  of  less  than  one  thousand  pounds  capacity,  twenty- 
five  cents;  platform  counter  scales,  twenty-five  cents;  counter 
balance  or  trip  scales,  ten  cents;  spring  balance  scales,  fifteen 
cents;  weights,  each  three  cents;  measures,  wet  and  dry,  each 
three  cents;  yard  sticks,  each  five  cents;  coal  baskets,  each  ten 
cents;  milk  cans,  large  size,  five  cents  each;  milk  cans,  small  size, 
three  cents  each;  milk  bottles,  in  lots  of  one  gross  or  less,  one  cent 
each,  in  lots  from  one  to  two  gross,  three-fourths  of  a  cent  each, 
in  lots  of  more  than  two  gross  and  not  over  four  gross,  one-half 
cent  each,  in  lots  greater  than  four  gross,  one-fourth  of  a  cent 
each;  for  adjusting  or  repairing  any  scale,  a  fair  and  reasonable 
compensation;  for  adjusting  weights,  when  either  light  or  heavy, 
not  to  exceed  ten  cents  each;  for  adjusting  measures,  wet  or  dry, 
when  either  large  or  small,  not  to  exceed  ten  cents  each;  for 
adjusting  yard  sticks,  not  to  exceed  five  cents  each;  for  adjusting 
any  weight  or  measure  not  mentioned  above,  a  fair  and  reasonable 
compensation. 
Rev.  stats.,  1903,  ch.  ^11  hay  pressed  and  put  up  in  bundles,  except  hay  pressed  by 

39gec  ffsso.  isg?)        farmers  and  retailed  from  their  own  barns,  shall  have  the  first 

pressed  hay,  how  to  letter  of  the  christian  name  and  the  whole  of  the  surname  of  the 

person  putting  up  the  same,  written,  printed  or  stamped  on  bands 

or  boards  made  fast  thereto,  with  the  name  of  the  state  and  the 

place  where  such  person  lives.     Whoever  offers  for  sale  or  ship- 

ment any  pressed  hay  not  marked  as  aforesaid,  except  hay  pressed 

Penalty  by  farmers  and  retailed  from  their  own  barns,  forfeits  one  dollar 

taJ7hEPS3^38dfor   each   bale   so   offered,  to   be  recovered  by  complaint.     No 
defend  action  forperson  who  has  received  hay  not  marked  as  provided  in  this  section 
shall  defend  any  action  for  the  price  thereof  upon  that  ground, 
unless  he  shall  prove  that,  before  the  delivery  of  said  hay  to  him, 
he  requested  the  person  from  whom  he  bought  the  same  to  comply 
with  the  provisions  of  this  section. 
and     The  municipal  officers  of  towns  annually  may  appoint  meas- 

fees  of  measurers        urers  of  salt,  corn  and  grain  therein,  who  shall  receive  such  fees 
from  the  purchaser  as  said  officers  establish;  and,  in  every  con- 


Maine 


169 


tract  made  in  the  state  for  the  sale  of  salt  by  the  hogshead,  such 
hogshead  shall  consist  of  eight  bushels;  and,  when  the  buyer  or   size  of  hogshead 
seller  requests,  salt,  corn  or  grain  bought  or  sold  in  places  where 
such  measurers  live  shall  be  measured  by  them. 

The  standard  weight  of  a  bushel  of  potatoes,  in  good  order  and  ^885,1887.1897,1905) 
fit  for  shipping,  is  sixty  pounds;  of  apples,  in  good  order  and  fit  standard  weight  axed 
for  the  market,  forty-four  pounds;  of  wheat,  sixty  pounds;  of 
corn,  fifty-six  pounds;  of  barley  and  buckwheat,  forty-eight 
pounds;  of  carrots,  fifty  pounds;  of  onions  in  good  order  and  fit 
for  shipping,  fifty-two  pounds;  of  ruta  baga,  sugar  beets,  mangel 
wurzel,  and  turnip  beets,  in  like  condition,  sixty  pounds;  of  Eng- 
lish turnips,  in  like  condition,  fifty  pounds;  of  parsnips,  in  like 
condition,  forty-five  pounds;  of  beans,  in  like  condition,  sixty 
pounds;  of  peas,  sixty  pounds;  of  rye  and  Indian  meal,  fifty 
pounds;  of  oats,  thirty-two  pounds;  of  Turk's  Island,  or  other 
coarse  grades  of  salt,  seventy  pounds,  and  of  Liverpool,  or  other 
fine  grades,  sixty  pounds;  and  of  hair  used  in  masonry,  well  dried 
and  cleansed,  eleven  pounds;  and  the  measure  of  each  of  these 
articles  shall  be  determined  as  aforesaid  at  the  request  of  the 
vendor  or  vendee;  and  if  either  party  refuses  so  to  do,  he  forfeits 
twenty  cents  for  each  bushel,  to  the  person  prosecuting  therefor 
within  thirty  days. 

The  standard  weight  of  a  bushel  of  herdsgrass  seed,  when  well   Herdsgrass  seed 
cleaned  and  in  good  condition,  is  forty-five  pounds. 

The  standard  weight  of  a  barrel  of  potatoes,  in  good  order  and   Barrel  of  potatoes 

^A.  £          «_•        •  -u        j       j  • •    j       /:  j  -Tin.  Standard  weight  of 

fit  for  shipping,  is  one  hundred  and  sixty-rive  pounds.     Whoever   Penalty 
acting  for  himself  or  as  the  employee  of  another,  takes  more  than 
the  standard  weight  for  a  barrel  of  potatoes,  shall  forfeit  fifty 
cents  for  each  barrel,  to  the  person  prosecuting  therefor  within 
thirty  days. 

*    *     *     In  all  contracts  relating  to  the  sale  of  clam  bait,  fresh   Rev.  stat.,  1903,  ch. 
or  salt,  by  the  barrel,  and  clam  bait  barrels,  such  barrel  shall  be  Laws,  1909,  ch  6o,P.  S9 
twenty-five  and  one-fourth  inches  long,  and  fifteen  and  one-half   sizeolciambau  bar- 
inches  head  diameter,  outside  measure.     Whoever  violates  thisrel 
provision  shall  be  liable  to  a  penalty  not  exceeding  fifty  dollars   Penalty 
for  each  offense,  to  be  recovered  by  action  of  debt. 

Towns  may,  by  ordinance,  regulate  the  measure  and  sale  of  42fpV^f tet '  I9°3>  **' 
wood,  coal  and  bark  therein,  and  the  location  of  teams  hauling   Dimensions  of  a  cord 
the  same;  and  may  enforce  it  by  reasonable  penalties.     All  cord-ofwood 
wood  exposed  for  sale  shall  be  four  feet  long,  including  half  the 
scarf,  and  well  and  closely  laid  together;  a  cord  of  wood  or  bark 
shall  measure  eight  feet  in  length,  four  feet  in  width,  and  four 
feet  in  height,  or  otherwise  contain  one  hundred  and  twenty- 
eight  cubic  feet;  and  the  measurer  shall  make  due  allowance  for 
refuse  or  defective  wood,  and  bad  stowage. 


170  L&ws  Concerning  Weights  and  Measures 

penalty  lor  selling  ^  anY  fire-wood  or  bark,  brought  into  any  town  by  land,  is  sold 
wood  or  bark  before  an(j  delivered  unless  otherwise  agreed  to  by  the  purchaser,  before 
it  is  measured  by  a  sworn  measurer,  and  a  ticket  signed  by  him 
given  to  the  driver,  stating  the  quantity  that  the  load  contains, 
the  name  of  the  driver,  and  the  town  in  which  he  resides,  such 
wood  or  bark  is  forfeited,  and  may  be  libeled  and  disposed  of 
according  to  law. 

HO'W  cord  wood  All  cordwood  brought  by  water  into  any  town  for  sale,  shall  be 
be°mgeasurerater  sha"  corded  on  the  wharf  or  land,  on  which  it  is  landed  in  ranges  making 
up  in  height  what  is  wanting  in  length;  then  it  shall  be  so  meas- 
ured and  a  ticket  given  to  the  purchaser,  who  shall  pay  the  stated 
fees;  and  no  such  wood  shall  be  carried  away  by  any  wharfinger 
or  carter,  before  it  has  been  so  measured,  under  a  penalty  of  one 
dollar  for  every  load. 

Penalty  for  fraudu-  When  any  wood,  bark  or  charcoal,  sold  by  the  cord,  foot  or 
lent  stowage  ioad  is  so  stowed  as  to  prevent  the  surveyor  from  examining  the 

middle  of  the  load,  and  it  appears  on  delivery,  that  it  was  stowed 
with  a  fraudulent  intent  of  obtaining  payment  for  a  greater  quan- 
tity than  there  was  in  fact,  the  seller  or  owner  thereof  forfeits  ten 
dollars  to  the  county. 

How6charcoaimaybe     Charcoal  brought  into  a  town  for  sale  may  be  measured  and 
measured  and  sold      sold  by  the  cord  or  foot,  estimating  the  cord  at  ninety-six  bushels, 
when  the  purchaser  and  seller  agree  to  the  same;  and  the  meas- 
urers before  named  shall  be  measurers  of  charcoal  also. 

coai7 baskets  to  be  All  baskets  for  measuring  charcoal  brought  into  a  town  for  sale, 
sealed;  dimensions  shall  be  sealed  by  the  sealer  of  the  town  where  the  person  using 
them  usually  resides,  and  shall  contain  two  bushels  and  be  of  the 
following  dimensions,  viz.:  nineteen  inches  in  breadth  in  every 
part,  and  seventeen  inches  and  a  half  deep,  measuring  from  the 
top  of  the  basket  to  the  highest  part  of  the  bottom ;  and  in  meas- 
uring charcoal  for  sale,  the  basket  shall  be  well  heaped. 

sec.  s  ugin  Whoever  measures  charcoal  for  sale,  in  any  basket  of  less  dimen- 
smauer  **  sions,  or  not  sealed,  forfeits,  for  each  offense,  five  dollars, 

sec.  9  The  municipal  officers  of  towns  may  appoint  some  suitable 

Seizure  of  unlawful  •  j  11  i_       1  j  r  •  i 

baskets  person  to  seize  and  secure  all  baskets  used  for  measuring  coal,  not 

according  to  the  provisions  hereof. 

penait  for  refusin  ^ny  measurer  of  wood,  bark  or  charcoal,  who  neglects  or  refuses 
to  give  certificate;  how  to  give  to  the  owner  or  purchaser  a  certificate  of  the  contents  of 
prTateT  ro~the  load,  forfeits  five  dollars  for  each  offense;  and  all  the  penal- 

ties hereinbefore  provided,  may  be  recovered  by  action  of  debt  or 
complaint,  half  to  the  town  where  the  offense  is  committed,  and 
half  to  the  prosecutor. 

wei 'nt  of  ton  Anthracite,  bituminous  and  other  mineral  coal  shall  be  sold  by 

weight ;  and  two  thousand  pounds  thereof  are  a  ton. 


Maine 

The  municipal  officers  of  towns  shall  annually  appoint  weighers   wei 
of  such  coal,  who  shall  receive  such  fees  as  said  officers  may  estab- 
lish, to  be  paid  by  the  buyer. 

Unless  coal  is  sold  by  the  cargo,  the  seller  shall,  on  request  of   ofa'i'uniess  sow  by 
the  purchaser,  cause  it  to  be  weighed  by  a  sworn  weigher,  who  Snnatatataed'  °r  8uit 
shall  make  a  certificate  of  the  weight;  and  who  shall  deliver  such 
certificate  to  the  buyer  before  commencing  a  suit  against  him  for 
the  price  of  such  coal. 

The  municipal  officers  of  cities  and  towns  may  appoint  a  deputy    Laws,  1909,  ch.  i58, 
sealer  of  weights  and  measures,  to  hold  office  during  their  pleas- P 'Deputy  sealer  of 
ure,  and  fix  his  compensation.     Such  deputy  shall  act  under  the  ures1  g-*  App^ntaent 
direction  of  the  sealer  of  weights  and  measures  in  the  municipal- and  tenure 
ity,  and  shall  have  the  same  authority  as  the  sealer  in  the  per- 
formance of  his  duties. 

The  standard  measure  of  capacity  for  all  apple  barrels  shall  be    Laws,  1909,  ch.  24? 
three  bushels,  the  barrel  shall  be  of  no  less  dimensions  than  seven-   standard  apple  barrel, 
teen  and  one  eighth  inches  for  the  head  diameter;  length  of  stave Sims  of  * 
twenty-eight  and  one-half  inches,  with  bilge  circumference  not 
less  than  sixty-four  inches  outside  measurement,  and  shall  be 
plainly  marked,  "standard  barrel."     Barrels  of  less  dimensions 
and  capacity  shall  be  plainly  marked  on  end  and  side,  "short    short  barrel 
barrel "  with  the  figures  indicating  the  fractional  part  of  a  "  stand- 
ard barrel,"  therein  contained. 

The  standard  bushel  box  shall  be  twenty  inches  by  eleven  by  di^^r?s1OIlshel  ^ 
ten  inches,  inside  measurement,  or  of  such  dimensions  as  shall 
contam  two  thousand  two  hundred  and  fifty  cubic  inches  and 
marked  "standard  bushel  box." 

Any  box  of  less  dimensions  than  the  above-mentioned  shall  be    shortbox 
plainly  marked  on  the  top  and  sides,  "short  box,"  and  with  the 
fractional  part  of  a  bushel  therein  contained. 

Any  person,  corporation,  or  firm  who  sells  or  offers  for  sale   gj^  for  violations 
barrels,  boxes,  crates  and  other  closed  packages  of  apples,  not  oi  the  provisions  of  this 
conforming  to  the  provisions  of  this  act;  or  any  person,  corpora-80 
tion  or  firm  who  manufactures  barrels,  boxes,  crates  or  other 
closed  packages  for  the  apple  or  fruit  trade,  not  conforming  to 
the  provisions  of  this  act,  shall  be  punished  by  a  fine  not  exceeding 
one  hundred  dollars  for  the  first  offense  and  not  exceeding  two 
hundred  dollars  for  each  subsequent  offense.     Trial  justices  and 
municipal  and  police  courts  are  hereby  vested  with  original  jur- 
isdiction concurrent  with  the  supreme  judicial  and  superior  courts, 
to  try,  and,  upon  conviction,  to  punish,  for  offenses  against  the 
provisions  of  this  act. 

The  director  of  the  Maine  agricultural  experiment  station  shall   fg^ement  of  this 
diligently  enforce  all  the  provisions  of  this  act,  and  when  after  act  by  director  of  Maine 

j          -L         •          -L       •  •  -Lt-         -L-L.  •    •  r   i-t.-  4-1,  agricultural  experiment 

due  hearing  he  is  convinced  that  the  provisions  of  this  act  have  station 


172  Laws  Concerning  Weights  and  Measures 

been  violated  he  shall,  in  his  discretion,  prosecute  all  offenses 
against  the  same. 

fiou/barreis  may  be     Nothing  in  this  act  shall  in  any  way  be  construed  as  debarring 

considered  standard     the  so-called  flour  barrel  from  being  considered  a  standard  barrel. 

^Laws,  1905,  ch.  76,  p.      Qn  anci  after  July  first,  in  the  year  nineteen  hundred  and  five, 

Mmc shaii be wei  bed a^  m^k  or  cream  purchases  by  any  person,  firm  or  corporation, 

and  tested  by  the  Bab- for  use  in  or  to  be  resold  by  any  creamery  in  this  state,  shall  be 

weighed  and  shall  be  tested  by  the  Babcock  test  to  ascertain  the 

amount  of  butter  fat  per  pound  therein  contained;  and  the  value 

of  the  cream  or  milk  thus  purchased  shall  be  determined  by  the 

Test  shaii  be  madeamount  of  butter  fat  per  pound  as  thus  ascertained.     The  test 

by  owners  or  operators.  .  -111      n   111         j_i  r  .,  1 

of  creamery  herein  provided  shall  be  made  by  the  owners  or  operators  of  the 

creamery  purchasing  as  aforesaid,  but  upon  petition  in  writing, 
signed  by  twenty-five  per  cent  or  more  of  the  patrons  of  any 
creamery  and  addressed  to  the  commissioner  of  agriculture,  or 
upon  petition  in  writing  signed  by  the  owner  or  operator  of  any 
creamery  and  addressed  to  said  commissioner,  one  or  more  tests 
upon  petition  tests  shall  be  made  by,  or  under  the  direction  of  said  commissioner, 

mfsysioLfofdaegricuit°™eand  the  finding  of  said  commissioner  shall  be  conclusive  upon  all 
Proviso  parties  therein  concerned.  Provided,  however,  that  when  the 

total  number  of  patrons  of  any  one  creamery  exceeds  one  hundred 
then  the  number  of  petitioners  herein  required  by  patrons  need 
not  exceed  thirty.  All  samples  of  cream  treated  by  said  test  shall 
be  weighed  and  the  standard  unit  for  testing  shall  be  eighteen 

sec  grams' 

Penalty  Any  person,  firm  or  corporation,  or  the  servant  or  agent  of  any 

person,  firm  or  corporation,  who  shall  violate  the  provisions  of  the 
preceding  section  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  shall  be  punished  by  fine  not  exceeding 
fifty  dollars  or  by  imprisonment  not  exceeding  thirty  days  for 
every  such  violation. 

s^'if.^s' amended     All  measures,  cans  or  other  vessels,  used  in  the  sale  of  milk, 
b5Anameasu(rescused5hi sna^  ^e  sea^e(i  by  the  sealer  of  weights  and  measures,  by  wine 
sale  of  miik  to  be  sealed  measure,  containing  thirty-two  ounces  to  the  quart,  and  all  quart 
bottles  containing  less  than  thirty-two  ounces  or  more  than  thirty- 
two  ounces  and  six  drams,  all  pint  bottles  containing  less  than 
sixteen  ounces  or  more  than  sixteen  ounces  and  four  drams,  and  all 
half  pint  bottles  containing  less  than  eight  ounces  or  more  than 
eight  ounces  and  two  drams,  shall  be  condemned;  all  bottles 
within  the  above  limits  shall  be  passed  as  containing  full  measure, 
and  all  other  measures,  cans  or  other  vessels  shall  be  marked  by  the 
sealer  with  figures  indicating  the  quantity  which  they  hold;  and 
penalty  whoever  sells  by  any  other  measure,  can  or  vessel,  forfeits  twenty 

dollars  for  each  offense. 


Maine 

All  milk  and  cream  bought  and  sold  by  measure  for  consumption    Ig™; I909- ch- 242 
within  this  state  shall  be  bought  and  sold  by  wine  measure,  the    standard    unit    of 

1        1     <•  1-11      11    1  1  1       1  *    AI  •    ,  .     measure  lor  milk  and 

standard  for  which  shall  be  two  hundred  and  thirty-one  cubic  «eam 
inches  to  the  gallon,  and  for  subdivisions  of  the  gallon,  in  the  same 
proportion. 

All  measures,  cans  or  other  vessels  used  in  the  purchase  or  sale    |uc' measures 
of  milk  or  cream  shall  be  tried  and  proved  by  the  standard  men- etc- sha11  be  proved  by 

1     •        j  1  j  •  .  •  1          j.1  i  j-  -1,.  ,  sealer  of  weights    and 

tioned  in  the  preceding  section,  by  the  sealer  of  weights  and  measures  and  plainly 
measures  of  the  city  or  town  in  which  such  milk  or  cream  is  to  be  m< 
consumed,  who  shall,  agreeably  to  such  standard  plainly  stamp 
thereon  the  quantity  which  such  measures,  cans  or  other  vessels 
hold,  together  with  the  date  of  the  calendar  year  in  which  such 
measures,  cans  or  other  vessels  are  sealed.     Any  person,  firm  or 
corporation  who  shall  purchase  or  sell  by  measure  any  milk  or 
cream  by  any  other  than  the  measures  so  tried,  sealed  and  marked, 
shall  forfeit  for  each  offense  the  sum  of  ten  dollars. 

When  milk  or  cream  is  purchased  by  measure  at  wholesale  by    capacity  of  cans  to  be 
any  person,  firm  or  corporation  engaged  in  the  business  of  buying  used m  wholesale  trade 
or  selling  milk  or  cream  or  both,  the  can  or  other  vessel  containing 
such  milk  or  cream  shall  hold  eight  quarts  and  one  pint  and  no 
more,  and  all  new  cans  or  other  vessels  purchased  by  any  whole- 
sale dealer  in  milk  or  cream,  to  be  used  for  the  purpose  of  receiving 
such  milk  or  cream  by  measure,  purchased  by  them  between  the 
first  day  of  August,  1909,  and  the  time  when  this  act  shall  go  into 
effect  shall  contain  eight  quarts  and  one  pint,  and  no  more,  and 
shall  be  tried,  proved,  sealed  and  marked  as  herein  provided. 

Whoever  by  himself  or  by  his  servant  or  agent,  or  as  the  servant   |?ecna4ity  for  mutilating 
or  agent  of  any  other  person,  firm  or  corporation  having  custody  of  <*** and  measures,  or 

J  r  .  °        r  .,,    erasing    names    and 

a  milk  can,  measure  or  other  vessel  used  as  a  container  for  milk  marks  from  same 
destined  for  sale,  shall  wantonly,  wilfully  or  maliciously  indent, 
bend  or  otherwise  mutilate  said  can,  measure  or  other  vessel  so 
that  the  same  will  not  contain  eight  quarts  and  one  pint, 
standard  measure,  as  hereinbefore  provided,  or  who  shall  wan- 
tonly, wilfully  or  maliciously  erase,  efface  or  otherwise  mutilate 
said  can,  measure  or  other  vessel  so  that  any  names,  figures  or 
other  marks  placed  thereon  by  a  sealer  of  weights  and  measures 
shall  become  illegible  shall  be  punished  by  a  fine  not  exceeding 
fifty  dollars. 

*     *     *     Any  person,  firm  or  corporation  violating  the  pro-    f^5^ 
visions  of  section  three    *    *    *     of  this  act  shall  be  fined  not 
exceeding  the  sum  of  fifty  dollars. 

The  Commissioner  of  Agriculture  shall  diligently  enforce,  or    commissioner  of  ag- 
cause  to  be  enforced,  all  the  provisions  of  this  act.  8S?  sha11  enforce 


MARYLAND 

That  Article  97   of  the  Code  of  Public  General  Laws,  1 

"Weights  and  Measures,"  be  and  the  same  is  hereby  repealed  and'reenacted  by  Laws 

1  j  -,1  j  f     11  J  Of  1910,  ch.  353,  p.  324 

and  re-enacted  with  amendments  as  follows:  ds*?,  19/0) 

Sec.  i 

The  standards  for  weights  and  measures  in  this  State,  except    sec. 
as  otherwise  provided  in  this  Article,  shall  be  the  same  as  the 
standard  of  weights  and  measures  of  the  United  States. 

The  County  Commissioners  of  each  county  shall,  on  or  before   sec.  3 
the  first  day  of  May  in  each  year,  appoint  some  person  as  keeper  appointment  of*™ 
of  standards  of  weights  and  measures,  who  shall  safely  keep  and   care  of  standards 
preserve   the   same,    and,   when  required,   deliver   them  to   the 
County  Commissioners,  or  to  such  persons  as  they  may  appoint 
to  receive  the  same,  and  who  shall  perform  the  several  duties  pre- 
scribed by  this  Article. 

The  person  so  appointed,  before  entering  upon  the  duties  of   sec.  4 
his  office,  shall  give  bond  to  the  County  Commissioners  in  the  penal   ] 
sum  of  five  hundred  dollars,  conditional  for  the  faithful  discharge 
of  all  the  duties  appertaining  to  his  office. 

All  weights  and  measures  used  within  this  State  in  the  vending  sec.  s 
of  articles,  shall  be  inspected  and  stamped,  or  branded  by  said  andnstamping  ra 
standard  keepers,  and  when  adjusted,  shall  be  by  the  said  standard 
keepers  branded  with  the  letters  Md.  S.,  meaning  thereby  Mary- 
land Standard,  together  with  figures  that  will  indicate  the  year 
of  inspection,  in  such  manner  and  on  such  parts  of  the  said  weights 
and  measures  as  shall  be  most  lasting  and  effectual  in  preventing 
and  detecting  fraudulent  practices  or  impositions  in  the  use  of 
such  weights  and  measures;  and  the  like  inspection  shall  be 
repeated  once  in  every  year  and  the  year  of  inspection  branded 
or  stamped  thereon;  such  weights  and  measures  so  examined  and 
stamped  or  branded  as  aforesaid,  and  no  other  shall  be  used 
in  this  State  in  the  vending  of  such  articles  as  are  directed  by 
law  to  be  or  are  usually  sold  by  weight  or  measure,  under  a 
penalty  not  exceeding  twenty  dollars.  Penalty 

The  keeper  of  standards  of  weights  and  measures  shall  attend 
to  the  different  market  towns,  and  villages  in  the  county  for  which  made^ how  often 
they  shall  respectively  be  appointed,  at  least  once  in  each  year 
and  at  the  different  public  inspecting  warehouses  in  the  said 
counties  at  least  twice  in  each  year  on  some  certain  days  to  be 

175 


Sec  6 

Inspections     to     be 


176 


Laws  Concerning  Weights  and  Measures 


Sec.  7 

Record  to  be  kept 


Sec.  8 

Penalty  for  neglect  or 
refusal. 


Public  notice  appointed  by  the  County  Commissioners,  of  which  days  public 
notice  shall  be  given  by  advertisement  inserted  in  some  one  or 
more  newspapers  in  the  counties  in  which  there  may  be  such 
paper  printed,  and  also  by  advertisement  set  up  at  some  conspicu- 
ous place  in  the  said  markets,  warehouses,  villages  and  towns, 
and  shall  inspect  and  adjust  all  beams  and  scales,  weights  and 
measures,  used  or  intended  to  be  used  in  said  county. 

Each  keeper  of  standards  shall  keep  in  book  form  in  which  he 
shall  register  the  names  of  the  persons  whose  beams  and  scales, 
weights  and  measures  he  has  adjusted,  together  with  the  day  of 
the  month  and  year,  and  number  and  description  of  the  same  so 
adjusted,  which  book  he  shall  submit  to  the  inspection  of  the 
County  Commissioners  once  in  each  year  or  oftener  if  required. 

If  any  person  shall  neglect  or  refuse  to  have  his,  her  or  their 
beams  and  scales,  weights  and  measures  inspected  and  adjusted 
as  herein  directed  when  required  to  do  so  by  the  proper  officer, 
he,  she  or  they  shall  forfeit  and  pay  a  fine  of  five  dollars  for  every 
day  during  such  delinquency, 
sec.  9  If  any  standard  keeper  shall  be  informed  or  has  reason  to  sus- 

Keeper  to  make  ex-  ,   J  ~       .  1          .      ,  .  .  .,1     <• 

amination  upon  request  pect  that  any  person  is  using  or  has  in  his  possession  with  fraudu- 
lent intention  any  false  beams,  scales  or  measures,  he  shall  examine 
the  same,  and  if  he  finds  them  or  any  of  them  to  be  false,  he  shall 
Authorized  to  seize  seize  the  same  as  a  forfeiture  and  adjust  and  sell  them  at  public 

false  weights  and  meas-  .  •     _*_    *i  n  f    .-, 

ures  auction,  and  shall  annually  return  a  statement  of  the  money 

received  therefor  under  oath  to  the  County  Commissioners, 
pena'uy  for  using     ^  anY  weight  or  measure  which  shall  have  been  branded  or 
changed  e?ctew£ght  or  s^amPed  as  nerem  required  shall  be  broken,  injured,  altered  or 
measure'  changed,  or  condemned  by  the  standard  keeper,  and  shall  be 

found  thereafter  in  the  use  of  any  person  within  this  State,  such 
person  shall  forfeit  and  pay  a  fine  of  twenty  dollars  for  each  and 
every  offense. 

compensation  of     Bach  standard  keeper  shall  receive  compensation  for  the  dis- 

standard  keeper         charge  of  his  duties  as  the  County  Commissioners  shall  think  proper 

to  allow,  which  shall  be  levied  on  the  assessable  property  of  the 

county  and  collected  as  other  county  charges. 

s,ec- "  Whenever  any  standard  keeper  shall  be  applied  to  adiust  scales, 

Compensation  to  ad-         .    ,  .  ij-  j-      •     •   i  •          ^        J 

ust  scales  weights  and  measures,  by  adding  to  or  diminishing  the  same,  or  to 

adjust  scale  beams,  he  shall  be  allowed  an  additional  reasonable 
compensation  therefor,  to  be  paid  by  the  party  so  applying  for  his 
services. 

Half  of  all  fines  and  forfeitures  imposed  by  the  preceding  sec- 
tions of  this  Article  shall  go  to  the  informer  and  the  other  half  to 
the  use  of  the  county. 

The  units  of  standards  of  measures  of  capacity  for  liquids  desig- 
nated in  this  Article  shall  be  based  on  a  liquid  gallon  or  two  hun- 


Sec.  13 

Fines,  disposition  of 


Sec.  14 
Liquid  gallon 


Maryland 

dred  and  thirty-one  cubic  inches;  thirty-one  and  one-half  gallons 
equaling  one  barrel,  and  two  barrels  are  one  hogshead;  continual 
division  of  the  gallon  by  two  equaling  half  gallons,  quarts,  pints, 
half  pints  and  gills. 

The  units  or  standards  of  measures  of  capacity  for  dry  measure   1^1,  and 
designated  in  this  Article  shall  be  based  on  a  dry  bushel  of  twovisions 
thousand,  one  hundred  and  fifty-six  and  four-fifths  cubic  inches, 
continual  divisions  of  the  bushel  by  two  equaling  half  bushels, 
pecks,  half  pecks,  quarter  pecks,  quarts,  pints  and  half  pints. 

The  standard  of  measure  for  buying  and  selling  strawberries,   ^measure  tor  smaii 
raspberries,  blackberries,  currants,  gooseberries,  cranberries,  whor-  fruit  ^^  berri«« 
tie  berries,  cherries,  plums,  peanuts,  kernels  of  other  nuts,  chin- 
quapins, chestnuts,  brussels  sprouts  and  all  other  berries,  small 
fruits  and  vegetables  shall  be  by  dry  measure. 

The  standard  quart  berry  box  or  basket  shall  measure  not  less   %*•%. 

,.  r-  -       i_  £  -,  Quart  box  or  basket, 

than  five  and  one  quarter  inches  across  the  top,  four  and  two  hun-  size  of 
dred  and  sixteen  thousandths  across  the  bottom  and  three  inches 
deep,  all  to  be  inside  measurement. 

The  standard  box  of  apples  shall  be  of  the  following  dimensions :    §^^|rd  b 
ten  and  one-half  inches  by  eleven  and  one-half  inches  by  eighteen  P^S 
inches,  all  inside  measurements. 

The  standard  double-headed  barrel  of  apples,  pears,  or  quince    Double-headed  bar- 
shall  be  of  the  following  dimensions:  Head  diameter,  seventeen rel  tor  apple» 
and  one-eighth  inches;   bulge,  twenty  and  one-third  inches,  both 
inside  measurements;   length  of  stave,  twenty-eight  and  one-half 
inches. 

The  standard  barrel  of  Irish  potatoes,  sweet  potatoes,  turnips, 
green  peas,  beans,  cabbage,  beets,  parsnips,  carrots,  kale,  spinach, 
brocoli,  onions  and  all  other  truck  or  vegetables,  shall  be  of  not 
less  than  the  following  dimensions :  Diameter  at  the  top,  seventeen  Sizft 
inches;  diameter  at  the  bulge,  eighteen  and  one-half  inches,  both 
inside  measurements,  length  of  stave  twenty-seven  and  one-half 
inches. 

All  standard  barrels,  baskets,  boxes  or  packages  used  within   turrets,  baskets,  etc., 
this  State,  with  the  exception  of  the  strawberry  and  other  small to  be  marked 
berry,  quart,  pint  or  half  pint  baskets  or  boxes  shall  have  plainly 
branded  or  marked  thereon  the  name  and  address  of  its  maker, 
and  the  words  "  Maryland  Standard  Measure." 

Whoever  brands  or  marks  on  any  barrel,  basket,  box  or  package   peecna2ity  for  t  a  i  •  e 
or  whoever  offers  for  sale  a  produce  or  commodities  in  a  barrel,  branding 
basket,  box  or  package  of  a  capacity  less  than  is  stamped  thereon, 
except  as  provided  in  Section  2 1  [22]  of  this  Article,  relating  to  short 
packages,  shall  for  each  barrel,  basket,  box  or  package  be  fined  and 
pay  the  sum  of  two  dollars,  together  with  all  costs  of  prosecution, 

8578°— 12 la 


78 


Laws  Concerning  Weights  and  Measures 


Sec.  23 
Penalty 


one-half  to  go  to  the  informer  and  the  other  half  to  the  public 
school  fund  of  the  county  or  city. 

boxes,  All  produce  offered  for  sale  within  this  State  in  any  barrel, 
"Shorttmeaseure™arked  basket,  box  or  package  of  less  capacity  than  the  Maryland  standard 
barrel,  basket,  box  or  package  or  multiples  thereof,  divisible  by 
two,  must  have  plainly  marked  or  stamped  thereon,  in  three  con- 
spicuous and  different  places  on  each  barrel,  basket,  box  or  package 
the  following  words,  in  letters  one  inch  high,  "Short  Measure." 

Whoever  offers  for  sale  within  the  State  of  Maryland  produce  or 
commodities  in  barrels,  baskets,  boxes  or  packages  of  less  than 
the  Maryland  standard  barrel,  basket,  box  or  package,  or  multiples 
of  same,  divisible  by  two,  without  having  the  words  "Short  Meas- 
ure" marked  or  stamped  on  each  and  every  barrel,  basket,  box  or 
package  in  letters  one  inch  high,  as  provided  in  Section  21  of  this 
Article,  shall,  for  each  barrel,  basket,  box  or  package,  be  fined  and 
pay  the  sum  of  two  dollars,  together  with  all  costs  of  prosecution, 
one-half  to  go  to  the  informer  and  the  other  half  to  the  public 
school  fund  of  the  county  or  city. 

The  standard  weights  for  grain,  hay,  straw,  produce  and  min- 


Sec.  24 

Standard  weights  per 


bushel 


eral  coal  for  this  State  shall  be  as  follows : 


Pounds. 

Apples,  dried per  bushel . .  28 

Alsike  clover  seed do. ...  60 

Alfalfa  seed do. ...  60 

Barley do 48 

Barley  malt do. ...  34 

Buckwheat do. ...  48 

Blue-grass  seed do 14 

Beans do. ...  60 

Bran do. ...  20 

Carrots do. ...  50 

Corn  (shelled) do. ...  56 

Corn  (on  cob) do 70 

Do per  barrel..  350 

Corn  (shelled) do. . . .  280 

Corn  meal per  bushel . .  48 

Clover  seed do. ...  60 

Caster  beans  or  seed do ....  50 

Coal  or  culm do. ...  80 

Coal. per  ton .  .  2,  240 

Charcoal  (commercially  dry),  per 

bushel 2  2,  748 

Cow  peas per  bushel . .  60 

Flour per  barrel . .  196 

Flax  seed per  bushel . .  56 

Herd 's  grass  seed do 45 


Pounds. 

Hungarian  grass  seed .  per  bushel . .  50 

Hemp  seed do 44 

Hay per  ton. .     2,  ooo 

Lime per  bushel . .  80 

Millet  (German  and  American), 

per  bushel 50 

Oats per  bushel . .  32 

Onions do. ...  57 

Orchard  grass  seed . .  .• do 14 

Peaches  (peeled) do. ...  40 

Peaches  (unpeeled) do. ...  32 

Peas do ....  60 

Potatoes  (sweet  and  Irish)  .do ....  60 

Peanuts do ....  22 

Rye do 56 

Red  top  grass  seed  (chaff) .  .do 14 

Red  top  grass  seed  (fancy)  .do 32 

Rape do 50 

Straw per  ton . .     2,  ooo 

Salt  (coarse) per  bushel. .  70 

Salt  (fine) do 56 

Sorghum do 50 

Timothy  grass  seed do. ...  45 

Turnips do ....  60 

Wheat..                               ..do 60 


freight  charges  to  be     All  charges  for   freight,   measurement,   weighting,   inspection, 

based  on  weight         wharfmg  and  commission  on  grain  shall  be  made  on  the  number 

of  bushels  as  ascertained  by  weight  and  not  by  the  running  meas- 


1  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  the  articles. 
*  Cubic  inches. 


Maryland 

urement;   and  any  one  found  guilty  of  a  violation  of  this  section 
shall,  on  the  conviction  thereof  before  a  justice  of  the  peace,  be 
fined  not  less  than  five  dollars  nor  more  than  fifty  dollars,  one  half   Penalty 
to  the  informer  and  the  other  half  to  the  use  of  the  State. 

No  person  shall  sell  any  package  or  parcel  of  cotton,  woolen  or   Sec-  »6 

,1  j      i  .  Penalty    for    misrep-' 

other  dry  goods  having  any  mark  thereon  or  attached  thereto  indi-  resenting  quantity 
eating  or  stating  a  greater  number  or  a  larger  quantity  than  is 
actually  contained  in  such  package  or  parcel,  and  any  auctioneer, 
commission  merchant  or  other  dealer  so  selling  shall,  in  each  case, 
forfeit  and  pay  to  the  purchaser  of  each  package  or  parcel  double 
the  value  of  the  quantity  of  goods,  which,  on  actual  measurement, 
it  shall  be  found  there  is  wanting  in  any  such  package  or  parcel  to 
make  up  the  number  of  yards  or  quantity  marked  thereon. 

Standard  weights  of  tomatoes  in  the  State  of  Maryland  shall  be  I^eI  Pu£-t    Gen- 
60  pounds  to  the  bushel,  and  for  the  purpose  of  ascertaining  the   sec.' 35,^  enacted  by 
true  weight  thereof  it  is  hereby  enacted  that  a  platform  scale  shall   Tomatoes,0  standard 
be  purchased  by  the  Board  of  Public  Works  of  Maryland  and  wscaie°to  be  located  m 
located  at  such  place  in  Centre  Market  Space,  in  Baltimore  city,  as iSR!?"**  Space> 
shall  be  approved  by  the  Mayor  of  said  city.     An  appropriation  of 
one  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  is 
hereby  appropriated  from  any  moneys  in  the  Treasury  not  otherwise 
appropriated  to  purchase,  locate  and  establish  a  scale  for  the 
weighing  of  tomatoes  and  other  vegetables  sold  by  weight  in  said 
Centre  Market  Space,  and  immediately  after  the  location  said  scales 
shall  be  purchased  and  put  in  place  for  the  purpose  of  this  Act. 

There  shall  be  appointed  by  the  Governor  a  weigher,  who  shall,  sec.  36,  as  enacted  by 

,.,,..  p          .    ,  .  *      11  I<aws,  1910,  ch.  738 

be  charged  with  the  duty  of  weighing  all  tomatoes  and  all  °ther  tM£«i>iic   weigher  oi 

vegetables  sold  by  weight  brought  to  the  said  Market  for  sale  by  wes*  °ecenter  Market 

the  wagon  load,  who  shall  receive  therefor  the  sum  of  ten  cents  Space* Ba 

per  wagon  load  for  performing  these  services,  two  cents  of  which 

shall  be  paid  by  him  quarterly  to  the  Comptroller,  to  whom  he  shall 

give  bond  in  the  penalty  of  one  thousand  dollars,  and  the  balance  he 

shall  retain  as  his  own  compensation  for  the  services  hereby 

imposed  and  performed;  provided,  that,  besides  the  two  cents, 

he  shall  pay  all  excess  over  $1,000  to  the  Comptroller,  it  being  the 

intent  of  this  Act  that  he  shall  only  receive  $1,000  per  annum  as 

his  salary,  to  be  paid  entirely  from  his  fees,  at  8  cents  net  per  load, 

The  said  vegetables  shall  be  weighed  in  full  wagon  loads,  and 

after  their  delivery  to  the  purchasers  his  wagon  and  the  empty 

boxes  shall  be  returned  to  said  scales  and  the  weight  thereof  shall 

be  deducted  from  the  gross  weight  as  shown  by  the  first  weighing, 

and  the  said  packers  shall  be  required  to  pay  for  said  vegetables 

at  the  weight  certified  by  said  weigher.     In  case  the  boxes  in 

which  said  tomatoes  are  contained  shall  not  be  returned,  the  said 

weigher  shall  weigh  ten  empty  boxes,  and  the  average  of  weight 


i8o 


Laws  Concerning  Weights  and  Measures 


Misdemeanor 
Penalty 


Laws,  1900,  ch.  41 
Sec.  i 


(1896,1000) 
Gen.      Pub.      Laws, 
1904,  art.  72 
Sec.  74 
Measure  of  oysters 


shall  be  established  as  the  weight  of  all  boxes  contained  in  any 
wagon  or  wagons  so  weighed  by  him,  and  any  packer  who  shall 
refuse  to  pay  for  the  same  according  to  the  certificate  of  said 
weigher  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  con- 
viction thereof,  shall  be  fined  not  less  than  $10,  nor  more  than  $50, 
for  each  offense;  and  any  driver  of  any  wagon  who  shall  sell,  dis- 
pose of  or  barter  any  of  the  produce  in  his  wagon  which  has  been 
sold  to  a  packer  or  other  purchaser  between  the  time  of  the 
weighing  of  the  same  and  the  delivery  to  the  purchaser,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  before  a 
Justice  of  the  Peace,  shall  be  fined  twenty-five  dollars  for  each 
offense. 

The  legal  weight  of  tomatoes  in  Harford  County  shall  be  sixty 
pounds  to  the  bushel,  and  in  all  cases  where  either  the  buyer  or 
seller  of  tomatoes  desires  it  they  shall  be  bought  or  sold  by  such 
weight. 

All  oysters  sold  in  this  State  shall  be  measured  either  in  a  one- 
half  bushel  tub,  a  bushel  tub,  a  bushel  and  one-half  tub  or  a  three 
bushel  tub,  and  no  instruments  shall  be  used  for  measuring  oysters 
in  the  shell  but  an  iron  circular  tub  with  straight  sides  and  a 
straight  solid  bottom,  with  holes  in  the  bottom  for  draining,  such 
holes  to  be  no  larger,  however,  than  one  inch  in  diameter;  a  half 
bushel  tub  shall  have  the  following  dimensions,  all  measurements 
to  be  from  inside  to  inside:  fifteen  inches  across  the  top,  thirteen 
inches  across  the  bottom,  and  seventeen  inches  diagonally  from 
the  inside  chime  to  the  top;  a  bushel  tub  shall  measure  sixteen 
and  one-half  inches  across  at  the  bottom  from  inside  to  inside, 
twenty-one  inches  diagonally  from  the  inside  chime  to  the  top,  and 

other  oyster  meas-  eighteen  inches  across  from  inside  to  inside  from  the  top ;  a  bushel 
and  one-half  tub  shall  measure  nineteen  inches  across  the  top  from 
inside  to  inside,  eighteen  inches  across  the  bottom  from  inside  to 
inside,  and  twenty-four  inches  diagonally  from  the  inside  chime 
to  the  top;  a  three  bushel  tub  shall  measure  twenty-four  inches 
across  the  top  from  inside  to  inside,  twenty-two  inches  from  inside  to 
inside  at  the  bottom,  and  twenty-nine  [and]  twenty-six-hundredths 
inches  diagonally  from  the  inside  chime  to  the  top,  and  all  oysters 
measured  in  the  shell  as  required  by  law  shall  be  even  measure  to 
the  top  of  the  tub  only,  and  any-person  or  persons  engaged  in  the 
business  of  buying  or  selling  oysters  in  this  State  who  shall  own 
or  have  in  his  possession  any  instrument  of  measurement  for  oys- 
ters in  the  shell  which  shall  differ  in  size  or  description  from  the 
measure  herein  before  mentioned,  or  shall  demand  a  greater 
measure  than  herein  before  mentioned,  shall  be  guilty  of  a  mis- 
demeanor, and  punished  upon  conviction  before  a  court  of  com- 

Penaity  petent  jurisdiction,  to  be  fined  a  sum  of  not  less  than  fifty  dollars 


Oyster  bushel 


Oyster  measure 


Maryland 


181 


nor  more  than  one  hundred  dollars  or  committed  to  the  house  of 
correction  for  a  period  of  not  less  than  three  months  nor  more 
than  six  months,  or  both,  in  the  discretion  of  the  judge  or  justice 
of  the  peace  trying  the  same;  and  in  each  case  a  fine  is  imposed 
under  the  provisions  of  this  section,  said  fine  to  be  paid  over  by 
the  officer  making  the  arrest  to  the  Comptroller  of  the  State,  to  be 
credited  to  the  oyster  fund;  one-half,  however,  to  be  paid  to  the 
informer,  unless  he  be  an  officer  of  the  State  fishery  force.  Said 
measures  shall  also  be  the  standard  measure  for  shells,  and  the 
use  of  any  other  measure  for  that  purpose  shall  be  punished,  as  is 
prescribed  by  this  section,  for  the  use  of  any  other  measures  for 
measuring  oysters,  and  the  measurers  or  special  inspectors  are 
hereby  forbidden  to  handle  or  interfere  with  the  oysters  in  or 
upon  the  tub  or  measure  for  the  purpose  of  pressing  or  pushing 
down  the  same,  under  penalty  of  removal  from  office  and  a  fine 
of  ten  dollars  for  each  offense. 

The  keeper  of  the  standards  of  weights  and  measures  in  Balti-4Jf™y69o8'art-3lCh- 
more  County,  state  of  Maryland,  shall  receive  five  cents  for  each   fleA  testing 
weight  and  measure,  and  ten  cents  for  each  scale  beam  tried  and  weights,  etc. 
branded,  stamped  and  marked  by  him,  to  be  paid  by  the  person 
for  whom  the  service  may  be  performed. 

The  person  appointed  as  keeper  of  the  standards  of  weights  and   Sec- 43<s 
measures  in  Baltimore  county,  before  entering  upon  the  duties  of 
his  office,  shall  give  bond  to  the  county  commissioners  of  said   Bond 
county  in  the  penal  sum  of  one  thousand  dollars,  conditioned  for 
the  faithful  discharge  of  all  the  duties  appertaining  to  his  office. 

The  keeper  of  the  standards  of  weights  and  measures  in  said  ^ecg^e7rofworkdone 
county  shall  keep  a  book,  in  which  he  shall  register  the  names  and 
postoffice  address  of  the  persons  whose  beams  and  scales,  weights 
and  measures  he  has  adjusted,  stamped  or  branded,  together  with 
the  day  of  the  month  and  year  he  shall  have  performed  such 
inspection,  and  the  amount  of  fees  or  moneys  he  shall  have  col- 
lected from  each  and  every  person  or  firm  for  said  inspections  or 
fines  imposed  and  collected  (Article  97  of  the  Code  of  Public 
General  Laws  of  Maryland),  said  list  of  names  and  amount  of 
moneys  collected  from  each  person  or  firm  to  be  devised  in  the 
annual  statement  of  the  commissioners  of  said  county. 

The  keeper  of  the  standards  of  weights  and  measures  (or  sec-438 
inspector)  shall  return  said  books  of  registry,  and  all  moneys 
collected  from  the  inspection  of  weights  and  measures,  or  fines 
imposed  and  collected,  to  the  commissioners  of  said  county,  on  or 
before  the  first  day  of  October  of  each  and  every  year,  and  he 
shall  receive  a  salary,  not  to  exceed  (including  traveling  expenses) 
five  hundred  dollars,  or  so  much  thereof  as  may  be  derived  from 
said  inspection  fees,  any  excess  to  be  paid  into  the  treasury  for  the 
benefit  of  the  public  schools  of  said  county. 


Disposition  of  fees 


Salary 


1 82  Laws  Concerning  Weights  and  Measures 

I9T4ubvoi.^aYt.  48™:     Every  manufacturer,  company  or  person  who  shall  sell,  offer  or 

1349      dpoo)  expose  for  sale  or  for  distribution  in  this  state  any  concentrated 

Net8 weight  to  be commercial  feeding  stuff,  as  denned  in  the  following  section  of 

marked  on  packages  oi  this  subtitle,  used  for  feeding  farm  live  stock  and  poultry,  shall 

feeding  stuff  ~.  ,  r  1     r       j  •  re    •  • 

affix  to  every  package  of  such  feeding  stun,  in  a  conspicuous  place, 
on  the  outside  thereof,  a  plainly  printed  statement,  clearly  and 
truly  certifying  the  number  of  net  pounds  in  the  package  sold  or 
offered  for  sale,  the  name  or  trade  mark  under  which  the  article 
is  sold,  the  name  of  the  manufacturer  or  shipper,  the  place  of 
manufacture  *  *  *  . 

Deflation  The  term  concentrated  commercial  feeding  stuff,  as  here  used, 

shall  not  include  hays  and  straws,  the  whole  seeds  nor  the  unmixed 
meals  made  directly  from  the  entire  grains  of  wheat,  rye,  barley, 
oats,  Indian  corn,  buckwheat  and  broom  corn.  Neither  shall  it 
include  wheat,  rye  and  buckwheat,  brans  or  middlings,  not 
mixed  with  other  substances,  but  sold  separately,  as  distinct 
articles  of  commerce,  nor  pure  grain  ground  together.  *  *  * 
Definition  The  term  concentrated  commercial  feeding  stuff,  as  here  used, 

shall  include  linseed  meals,  cotton  seed  meals,  cotton  seed  hulls, 
pea  meals,  cocoanut  meals,  gluten  feeds,  maize  feeds,  starch  feeds, 
sugar  feeds,  dried  brewers  grains,  malt  sprouts,  hominy  feeds, 
cereline  feeds,  rice  meals,  oat  feeds,  corn  and  oat  chops,  ground 
beef,  fish  or  animal  meals,  all  patented  or  trade-marked  foods, 
and  all  other  materials  of  similar  nature  not  included  within  the 
preceding  section  of  this  subtitle. 

i^aVt.  STp.  r£rs>     It  shall  be  the  duty  of  each  inspector  to  cause  each  hogshead  of 
sec  2o l8^  tobacco  before  it  is  uncased,  to  be  weighed,  and  the  tobacco  in 

m^arehousesf  tobacco  each  hogshead,  and  the  cask  itself,  to  be  separately  weighed  in  his 
presence,  or  that  of  his  weighing  clerk,  in  scales  with  weights  of 
the  proper  standard;  and  the  weight  of  each  hogshead  as  first 
weighed,  and  the  gross  and  net  weight  of  the  tobacco  therein  con- 
tained after  inspection,  to  be  entered  in  a  proper  book,  with  suffi- 
cient reference  to  its  numbers  and  marks  as  previously  recorded. 
Net 'weight  to  be  It  shall  be  the  duty  of  each  inspector  to  cause  to  be  marked 

marked  on  hogshead  yfah  a  marking-iron  on  the  side  of  each  hogshead  of  tobacco  under 
his  charge,  the  warehouse,  number  and  weight  of  said  hogshead, 
and  the  net  weight  of  tobacco  contained  therein,  and  to  cause  the 
warehouse  number  of  such  hogshead  to  be.  marked  with  blacking 
on  each  head  thereof. 
(1902)  That  the  Mine  Inspector  shall  also  be  an  inspector  of  weights 

Laws,  1902,  en.    134,  ««        •  1  <•  ,...,  . 

P.  iss;  code  pub.  i*>caian(j  measures  at  all  mines  now  or  hereafter  opened  in  said  counties 

An.  i.  sec.  aoa         [Allegheny  and  Garrett],  and  shall  weigh  several  cars  of  coal 

weightagcotiscars  oi  mined  therein  once  every  two  months  on  the  scales  of  the  different 

mines  (or  when  requested  to  do  so  especially  by  any  miner  or 


Maryland 

operator),  in  order   to  test  the  accuracy  of  said  scales,  and  the 

State  shall  supply  said  Mine  Inspector  with  the  required  weights   Mine  inspector  made 

and  apparatus  for  testing  scales,  and  to  do  any  other  act  he  maySS^°lwel|!hhl 

deem  necessary  to  ascertain  whether  the  coal  be  justly  weighed  at 

said  mine;  and  it  shall  be  the  duty  of  every  person  acting  as  weigh-    Wel8nlngoicoai 

master  for  the  owner,  lessee  or  agent  of  said  mines,  before  entering 

upon  the  performance  of  his  duty  as  weighmaster  or  check- 

weighman,  or  before  making  any  report,  to  make  oath  before 

some  justice  of  the  peace,  in  the  proper  county,  that  he  will  per- 

form the  duty  of  weighmaster  or  check-weighman  as  prescribed 

by  this  Act,  at  such  mine,  with  honesty  and  fidelity,  and  will  keep 

a  true  and  accurate  account  of  all  the  coal  so  weighed  by  him,  and 

will  credit  and  allow  the  full  weight,  and  no  more,  of  coal  in  each 

mining  car,  to  the  party  or  parties  who  mined  the  same  at  the 

rate  of  two  thousand  two  hundred  and  forty  pounds  per  ton,  and 

all  fractions  thereof  be  counted  in  hundred  weights,  a  copy  of 

which  oath  shall  be  posted  up  in  said  weigh-office  where  such  coal 

is  weighed.     But  the  said  oath  of  weigh-master  or  check-weighman 

shall  be  understood  and  construed  as  only  requiring  said  weigh- 

master or  check-weighman  to  allow  and  credit  said  fraction  of 

tons   in   whole   hundred   weights    (cwts.)    in   manner   following, 

namely:  Where  the  odd  pounds  in  any  mining  cars  in  excess  of 

the  whole  hundred  weight  therein,  shall  equal  or  exceed  fifty-six 

pounds,  the  said  weighmaster  or  check-weighman  shall  credit  such 

miner  with  a  whole  hundred  weight  for  such  odd  pounds,  but 

where  such  odd  pounds,  less  than  a  whole  hundred  weight  (cwt.) 

shall  be  less  than  fifty-six  pounds,  then  such  weighmaster  or  check- 

weighman  shall  give  such  miner  no  credit  whatever  for  such  odd 

pounds;  and  it  shall  be  the  duty  of  said  weighmaster  and  of  any 

check-weighman  to  perform  the  several  acts  and  matters  pre- 

scribed in  said  affidavit.     Provided  that  every  car  when  weighed 

shall  be  uncoupled  and  stopped  on  the  scales;  but  the  Mine 

Inspector  may  make  special  regulations  as  to  the  stopping  of  cars 

when  necessary. 

The  Mine  Inspector  shall  have  power  to  examine  the  weighing 
sheets  on  which  the  weight  of  the  miner's  cars  are  registered,  and 
the  monthly  aggregate  of  coal  weighed  on  such  scales,  and  shall 
compare  such  aggregate  monthly  weighings  with  the  "manifest" 
or  "shipping"  reports  of  the  operators,  and  thus  determine  from 
time  to  time  whether  the  coal  is  accurately  weighed. 

That  it  shall  be  lawful,  however,  notwithstanding  the  provisions 
of  this  Act,  in  relation  to  weighmaster  and  the  weighing  of  coal,  for 
any  lessees,  owner,  individual  or  agent  of  any  mine  in  said  counties 
of  Allegany  and  Garrett  to  contract  with  the  miners  to  mine  coal 
therein  or  therefrom  by  measurement;  and  it  shall  also  be  lawful 


care,  how  weighed 


.  «*. 


g 
weighing  oi  coai 


184  Laws  Concerning  Weights  and  Measures 

for  any  owner,  lessee  or  agent  of  any  mine  in  said  counties,  at  or  in 
which  not  more  than  ten  miners  are  employed  at  any  one  time,  to 
contract  with  the  miner  or  miners  employed  therein  by  the  day, 
week  or  month  instead  of  by  weight,  and  in  all  such  cases  when 
the  compensation  of  the  miners  by  their  contract  or  agreement 
fixed  by  the  day,  week  or  month,  be  ascertained  by  the  cubic  yard 
or  other  measurement,  as  hereinbefore  provided,  it  shall  not  be 
obligatory  upon  such  owner,  lessee  or  agent  of  such  mine  to  provide 
any  weighmaster  or  weigh  the  coal  mined  in  such  shaft  or  mine,  or 
taken  therefrom,  but  the  mine  cars  used  in  any  such  mine  worked 
by  shaft  shall  be  measured  by  a  sworn  measurer,  and  said  owner, 
lessee  or  agent  shall  cause  the  capacity  of  each  of  said  mining  cars 
to  be  plainly  stamped  or  branded  thereon. 

Art.  i,  sec.  aos  That  at  any  time  upon  the  request  of  a  majority  of  the  miners 

check-we^hmaster  then  employed  in  any  coal  mine  in  said  counties  of  Allegany  or 
Garrett,  the  agent,  lessee  or  operator  of  such  coal  mine  shall  permit 
said  miners  (but  at  their  own  expense)  to  provide  and  keep  in  the 
said  weigh  house  at  said  mine,  at  the  scales  kept  thereat,  for  such 
length  of  time  as  such  miners  may  require,  a  check- weighmaster, 
who  shall  have  the  right  at  all  times  to  be  present  when  the  coal 
mined  at  each  mine  is  being  weighed  by  the  weighmaster  of  said 
mine,  and  to  examine  the  scales  thereof,  and  to  take  and  keep  a  full 
statement  of  the  weight  of  each  mining  car  load  of  coal,  as  shown 
by  the  said  scales  when  the  coal  is  being  weighed  thereon  by  said 
weighmaster,  and  upon  the  discovery  by  such  check- weighmaster  of 
any  wilful  violation  of  any  of  the  provisions  of  this  Act  by  the 
weighmaster  employed  at  such  mine,  it  shall  be  the  duty  of  such 
check-weighmaster  to  immediately  lay  all  such  information  before 
the  State's  Attorney  of  the  county  in  which  such  weigh  house  is 
situated,  or  the  Mine  Inspector,  for  their  action  upon  the  same. 
Art.  i,  sec.  2o6  That  it  shall  be  the  duty  of  every  person  acting  as  weighmaster 

Art.  12,  sec.  160  .  .   ...  .  .,  /     1  .  J  .^  •11-11  •?       i-    , 

Duties  of  weighmas-m  any  of  the  said  mines,  to  keep  in  ink  or  indelible  pencil  a  list  or 
statement  of  the  number  of  mining  cars,  and  the  weight  of  coal  in 
car  mined  each  day,  and  the  persons  mining  the  same,  and  place 
and  keep  said  list  at  the  weigh  house,  where  said  coal  is  weighed, 
where  the  parties  interested  therein  may  inspect  it,  which  list  shall 
be  kept  for  reference  and  inspection  by  all  persons  interested  therein 

Duty  oi  operator  for  at  least  thirty  days  time.  And  it  shall  be  the  duty  of  every 
operator  to  provide  correct  and  accurate  scales,  upon  which  all 
coal  mined  in  said  mine  shall  be  weighed  in  the  state  in  which  it  is 
mined,  before  the  same  shall  be  dumped  or  taken  from  the  mining 
cars,  in  which  the  miners  have  loaded  the  same;  and  no  operator 
shall  dock  any  miner  in  excess  of  five  hundred  pounds  (cwts.)  on 
one  car,  and  it  shall  be  the  duty  of  the  operator  to  cause  the  aver- 
age weight  of  each  empty  car  used  at  any  such  mine  to  be  plainly 
stamped  on  the  outside  of  each  car. 


MASSACHUSETTS 

The  avoirdupois  pound  shall  bear  to  the  troy  pound  the  relation  r  dT^^^g*90*' voL 
of  seven  thousand  to  five  thousand  seven  hundred  and  sixty.     The'        (^W) 
hundred  weight  shall  contain  one  hundred  avoirdupois  pounds,    Avoirdupois  to  troy 
and  the  ton  twenty  hundred  weight.  ^Hundredweight 

The  barrel  shall  contain  thirty-one  and  one-half  gallons,  and  the   lee!  , 
hogshead  two  barrels.  Barrel 

The  barrel  of  flour,  measured  by  weight,  shall  contain  one  hun-.  $*?•  3-  as  amended 

.  J  by  Acts,  1911.  ch.  397 

dred  and  ninety-six  pounds,  the  barrel  of  potatoes  one  hundred   ^JJJ^01 
and  sixty-five  pounds,  and  the  barrel  of  sweet  potatoes  one  hun-   —potatoes 

j       j          j   ^.CA.  j  — sweet  potatoes 

dred  and  fifty  pounds. 

The  legal  and  standard  barrel  for  cranberries  shall  measure  not   Acts-  ^•^•^ 

ri«i<  as  *men(lea  by  Acts, 

less  than  twenty-five  and  one  fourth  inches  between  the  heads,  l^ch.  3so 
inside;  the  diameter  of  the  head  shall  be  not  less  than  sixteen  and  size  of  cranberry  bar- 
one  fourth  inches,  including  the  bevelled  edge;  the  outside  bilge rcl> crate; mi 
circumference  shall  measure  not  less  than  fifty-eight  and  one  half 
inches;  the  thickness  of  the  staves  shall  be  not  greater  than  four 
tenths  of  an  inch.  The  legal  and  standard  crate  for  cranberries 
shall  measure  seven  and  one  half  inches,  by  twelve  inches,  by 
twenty-two  inches,  inside,  exclusive  of  any  interior  partition  or 
support,  and  shall  have  an  interior  capacity  of  one  thousand  nine 
hundred  and  eighty  cubic  inches;  but  any  square  or  oblong  crate 
or  box  of  different  form,  but  of  as  great  interior  capacity,  shall  be 
considered  a  legal  and  standard  crate.  It  shall  be  lawful  to  use 
for  the  sale  and  delivery  of  cranberries,  square  or  oblong  packages 
which  contain  one  half  crate  or  one  quarter  crate:  provided,  that 
such  packages  have  an  interior  capacity,  exclusive  of  any  par- 
tition or  support,  of  nine  hundred  and  ninety  and  four  hundred 
and  ninety-five  cubic  inches,  respectively.  No  barrel,  crate,  one 
half  crate  or  one  quarter  crate,  intended  for  the  sale  or  delivery 
of  cranberries,  except  of  the  standard  measure  herein  specified 
and  plainly  marked  with  the  words  "Massachusetts  Standard 
Measure",  shall  be  manufactured  or  sold.  No  person  shall  so 
mark  any  barrel  or  other  package  so  used  or  intended  to  be  used 
unless  its  interior  capacity  is  as  great  as  the  capacity  herein  speci- 
fied for  such  package. 

Every  barrel,  crate,  one  half  crate  or  one  quarter  crate  used  for 
the  sale  or  delivery  of  cranberries  shall  be  of  the  Massachusetts 

185 


i86 


Laws  Concerning  Weights  and  Measures 


standard  measure,  and  shall  be  marked  as  required  by  this  act. 
No  person  shall  use  any  barrel,  crate,  one  half  crate  or  one  quarter 
crate  for  such  sale  or  delivery  the  capacity  of  which  is  less  than 
that  of  the  corresponding  standard  package  herein  provided  for. 
Any  person  violating  any  of  the  provisions  of  this  act  shall  be 
punished  by  a  fine  not  exceeding  one  hundred  dollars.  The 
sealers  of  weights  and  measures  of  the  several  cities  and  towns 
shall  cause  the  provisions  of  this  act  to  be  enforced. 

It  shall  be  lawful  to  use  for  the  sale  and  delivery  of  cranberries 
use'of  certain  size  packages  containing  one,  two  or  four  pounds  of  cranberries  net 

packages      authorized,1^     .        °  .,     ,       P  \*  •    i_j.    •         1    •    1  j 

net    weights    to    be  weight:  provided,  that  said  net  weight  is  plainly  stamped  on  the 
top  or  side  of  each  package. 


Penalty  for  violation 


Acts,  1911,  ch.  380 
§,ec-  3 


Rev.  Laws,  1902,  ch.  Pounds. 

62,  vol.  i,  p.  583  Wheat1. ..  60 

(3£;  $%:&$$'  Indian  corn  . . 56 

Sec.  4,  as  amended  by  Rye 56 

A£f  •  ,I9J?-  ch-  2g2    i.    Barley 48 

Weights  per  bushe  Oatg  J  * 

Corn  meal 50 

Rye  meal 50 

Peas 60 

Soy  beans  (glycine  hispida) 58 

Potatoes 60 

Apples 48 

Carrots 50 

Onions 52 

Clover  seed 60 

Herdsgrass  or  timothy  seed 45 

Japanese  barnyard  millet  (panicum 

crus-galli) 35 

Bran  and  snorts 20 

Flaxseed 55 

Coarse  salt 70 


Pounds. 

Fine  salt  ..........................  50 

Lime  ..............................  70 

Sweet  potatoes  ......................  54 

Beans  ..............................  60 

Dried  apples  .......................  25 

Dried  peaches  .....................  33 

Rough  rice  ........................  45 

Upland  cotton  seed  .................  30 

Sea  island  cotton  seed  ...............  44 

Buckwheat  .........................  48 

Beets  ..............................  60 

Cranberries  .........................  32 

Pears  .............................  58 

Parsnips  ...........................  45 

Roasted  peanuts  ....................  20 

Green  peanuts  .....................  22 

Peaches  ...........................  48 

Tomatoes  ...........................  56 

Turnips  ............................  55 

Quinces  ...........................  48 


. 

meai!ight  °! 
cental 


sec7l6/po/) 


capacities 


Weights 


55)  In  this  Commonwealth  a  bushel  of  cracked  corn  or  feed  or  any 

bushel  ofmeal  except  oatmeal  shall  be  fifty  pounds,  and  a  cental  shall  be 
One  hundred  pounds. 

The  following  weights,  measures  and  balances  now  in  the 
treasury;  a  set  of  dry  measures  consisting  of  one-half  bushel, 
^S^t,  four,  two,  and  one  quarts;  a  set  of  liquid  measures  consisting 
of  one  gallon,  two  and  one  quarts,  one  pint,  two  and  one  gills,  a 
set  of  apothecaries'  liquid  measures  consisting  of  one  gallon,  four, 
two,  and  one  pints,  twelve,  eight,  six,  four,  three,  two  and  one 
ounces,  four,  two,  and  one  drams,  ten  and  five  minims;  a  set  of 
avoirdupois  weights  consisting  of  fifty,  twenty-five,  twenty,  ten, 
five,  four,  three,  two  and  one  pounds;  eight,  six,  four,  three,  two 
and  one  ounces,  eight,  six,  four,  three,  two  and  one  drams;  a  set 
of  troy  weights  consisting  of  five  thousand,  three  thousand,  two 
thousand,  one  thousand,  five  hundred,  three  hundred,  two  hun- 
dred, one  hundred,  fifty,  thirty,  twenty,  ten,  five,  three,  two  and 


1  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  these  articles. 


Massachusetts 


187 


one  pennyweights,  ten,  six,  five,  four,  three,  two,  and  one  grains, 
one-half  a  grain,  twelve,  ten,  six,  five,  four,  three,  two  and  one 
ounces,  five-tenths,  four-tenths,  three-  tenths,  two-tenths,  and  one- 
tenth,  five  one-hundredths,  four  one-hundredths,  three  one- 
hundredths,  two  one-hundredths,  one  one-hundredth,  five  one- 
thousandths,  four  one-thousandths,  three  one-thousandths,  two 
one-thousandths,  one  one-thousandth,  five  ten-thousandths,  four 
ten-thousandths,  three  ten-thousandths,  two  ten-thousandths,  one 
ten-thousandth,  of  an  ounce;  a  set  of  apothecaries'  weights  con- 
sisting of  twelve,  six,  two  and  one  ounces,  four,  two  and  one  drams, 
two  and  one  scruples,  ten,  five,  four,  three,  two  and  one  grains, 
one-half,  one-quarter,  and  one-tenth  grains,  a  yard  measure  and 
three  sets  of  balances,  shall  be  the  sole  authorized  standards  of 
weights  and  measures,  except  as  provided  in  chapter  sixty  -three. 

They  shall  be  kept  in  the  treasury  by  the  treasurer,1  and  at  least 
once  in  every  five  years  he  shall  cause  them  to  be  compared  with 
those  of  the  United  States  government  and,  if  necessary,  corrected 
so  they  shall  agree  therewith. 

Such  weights,  measures  and  balances  as  may  be  procured  from 
time  to  time  to  replace  the  standard  weights,  measures  and  bal- 
ances  shall  be  preserved  in  the  same  form  and  of  the  same  dimen- 
sions as  are  required  of  said  standards,  the  denomination  of  the 
weights  and  measures  shall  be  marked  and  stamped  thereon 
respectively  and  they  shall  be  sealed  with  the  seal  which  is  kept 
for  that  purpose  by  the  treasurer  and  receiver  general.1 

The  treasurer  and  receiver-general  shall  appoint  a  deputy  state 
sealer  l  of  weights  and  measures,  who  shall  be  sworn,  shall  give 
bond  for  the  faithful  performance  of  his  official  duties,  shall  have 
his  office  in  the  treasury  of  the  Commonwealth,  shall  perform  his 
duties  under  the  direction  and  supervision  of  the  treasurer  and 
receiver  general  and  shall  receive  from  the  Commonwealth  an 
annual  salary  of  fifteen  hundred  dollars  and  the  necessary  expenses 
incurred  in  the  performance  of  his  duties.  The  treasurer  shall 
provide  his  deputy  with  whatever  may  be  necessary  for  the  proper 
performance  of  his  duties  and  shall  furnish  him  with  duplicates  of 
the  authorized  public  standard  weights,  measures  and  balances  in 
the  treasury,  and  he  shall  keep  and  use  them  for  sealing  weights, 
measures  and  balances  in  the  same  manner  as  the  standards  kept 
in  the  treasury  are  used  by  the  treasurer. 

The  deputy  shall  try,  adjust  and  seal  the  standard  weights, 
measures  and  balances  of  every  city  and  town  at  least  once  in 
five  years,  and  shall  see  that  they  are  kept  in  good  order  and 
condition,  and  for  such  purpose  he  shall  at  any  time,  upon  the 

1  By  an  act  of  1907,  ch.  534.  Acts,  1907,  all  duties  pertaining  to  the  care,  custody,  and  furnishing  of  standard 
weights  and  measures,  etc.,  devolving  upon  the  treasurer  and  receiver  general  and  upon  the  deputy  state 
sealer,  are  transferred  to  the  commissioner  of  weights  and  measures. 


Custody 


Sec.  7 


wn0 


be    re- 


(1890, 1901, 1907) 

Sec.  8 

Deputy  State  sealer 


( 1890, 1901 ) 
Sec.  9 
Duties  of 


1 88  Laws  Concerning  Weights  and  Measures 

request  of  a  city  or  town  treasurer,  visit  such  city  or  town.  He 
may  also  inspect  the  weights,  measures  and  balances  of  any  per- 
son which  are  used  for  selling  any  goods,  wares,  merchandise  or 
other  commodity  or  for  public  weighing  in  any  city  or  town, 
and  if  he  finds  them  inaccurate  he  shall  forthwith  inform  the 
mayor  or  selectmen  who  shall  cause  the  provisions  of  this  chapter 
to  be  enforced.  If  in  the  performance  of  his  official  duties  he 
discovers  a  violation  of  the  laws,  he  may  enter  a  complaint  and 
prosecute  the  same,  and  for  this  purpose  shall  have  like  powers 
and  authority  as  are  conferred  upon  the  sealer  or  deputy  sealer 
of  a  city  or  town  by  sections  twenty-nine  and  thirty.  Whoever 
hinders,  obstructs  or  in  any  way  interferes  with  him  in  the  per- 
formance of  his  duty  shall  be  punished  by  a  fine  of  not  more 
than  three  hundred  dollars  or  by  imprisonment  for  not  more 
than  sixty  days. 

sec  iol8°°^  ^e  deputy  shall  keep  a  record  in  detail  of  the  places  visited, 

Record  and  of  the  weights,  measures  and  balances  tested  by  him,  and  he 

shall  annually  during  the  first  week  in  January,  make  a  report 

thereof  to  the  treasurer  and  receiver  general. 

(1730-31,  1738-0,  1790,     The  treasurer  shall  provide  each  county,  city  and  town  with 

1800,1847,1848,1850,  t  r  At-        .t        j      j  •    -L.4.  jui 

1880)  a  complete  set  of  the  standard  weights,  measures  and  balances 

standard  weights  to  named  in  the  following  section: 

dties?ettc.by  COU1  les>     Counties,1  cities  and  towns  shall  keep  the  following  standard 
(7*90)  weights,  measures  and  balances:  A  set  of  avoirdupois  weights 

county  standards  consisting  of  fifty,  twenty-five,  twenty,  ten,  five,  four,  two  and 
one  pounds,  and  eight,  four,  two,  one,  one-half,  one-quarter,  one- 
eighth  and  one-sixteenth  ounces ;  a  set  of  dry  measures  consisting 
of  one  half -bushel,  one  eight-quart,  one  four-quart,  one  two-quart, 
one  one-quart  measures;  a  set  of  liquid  measures  consisting  of 
one  gallon,  one  half-gallon,  one  quart,  one  pint,  one  half-pint,  and 
one  gill;  one  balance;  one  yard  measure;  and  each  city  and  each 
shire  town  shall  keep  the  meter  and  kilogram  and  such  standard 
troy  weights  as  the  treasurer  and  receiver  general  may  designate. 
Each  county  shall  keep  a  set  of  apothecaries'  weights  and  apothe- 
caries' liquid  measures. 

Acts^907.ch.S34         The  governor,  with  the  advice  and  consent  of  the  council,  shall 

commissioner appOint  a  commissioner  of  weights  and  measures  for  the  term  of 

of  weights  and  meas-    f*  .  °  . 

ures  three  years  from  the  date  of  his  commission, 

sec.  2,  as  amended  by     The   said   commissioner    may    appoint    six   inspectors.     The 

Acts,  1911,  ch.  632  -  p      <  «  i      11 

—to  appoint  inspec- annual  salary  of  the  commissioner  shall  be  two  thousand  dollars, 
and  of  the  inspectors  twelve  hundred  dollars  each,  and  they  shall 
give  bonds  for  the  faithful  performance  of  their  duties.  The 
commissioner  shall  be  allowed  for  clerical  services,  travel  and 

1  So  much  of  ch.  62  of  the  Revised  Laws  and  amendments  thereto  as  provide  that  counties  shall  be  fur- 
nished with  standard  weights  and  measures  by  the  Commonwealth,  and  that  county  treasurers  shall  have 
the  care  and  custody  of  the  same  and  shall  act  as  sealers  of  weights  and  measures  is  repealed  by  ch.  310,  Acts, 
1909. 


Massachusetts  !  8g 

contingent  office  expenses  for  himself  and  his  inspectors  such  sum 
as  may  be  necessary,  to  be  paid  out  of  the  treasury  of  the  com- 
monwealth. 

The  commissioner  shall  assume  all  such  duties  pertaining  to  the   Sec-  3 
care,  custody  and  furnishing  of  standard  weights,  measures  and  coSmislCer1*0™™ °* 
balances,  and  the  inspection  of  weights,  measures  and  balances, 
and  the  sale  of  various  articles,  as  are  now  imposed  on  the  treas- 
urer and  receiver  general  or  upon  the  deputy  state  sealer  of  ' 
weights  and  measures  by  the  Revised  Laws  and  acts  in  amend- 
ment thereof  and  in  addition  thereto,  and  shall  have  all  powers 
now  vested  in  and  may  do  all  acts  required  of  said  officers  for  these 
purposes.     He  shall  cause  to  be  enforced  all  laws  relating  to  the 
using  or  giving  of  false  or  insufficient  weights  or  measures,  shall 
keep  a  record  in  detail  of  the  work  of  his  office,  and  shall  annually, 
during  the  first  week  of  January,  make  a  report  thereof  to  the  gen- 
eral court. 

The  inspectors  shall,  under  the  direction  of  the  commissioner, 
aid  him  in  performing  the  duties  of  his  office,  and  shall  have  the 
necessary  powers  now  vested  in  the  deputy  state  sealer  of  weights 
and  measures  for  this  purpose. 

Every  city  and  town  sealer  of  weights  and  measures  shall  annu-   cuylnd  town  sealers 
ally  during  the  month  of  November,  make  a  report  of  the  weights,  *°  *****  annual  rep°rt 
measures   and   balances   tested,  sealed   or  condemned  by    him, 
together  with  an  inventory  of  the  standards  and  working  apparatus 
in  the  possession  of  his  city  or  town,  to  the  commissioner  of  weights 
and  measures. 

City  treasurers  and  town  treasurers  if  so  directed  by  the  select-  6aRev- Laws-  190I>  <*• 
men,  shall,  upon  request  to  the  treasurer  and  receiver  general,  be   ^  t  Wn) 
provided,  at  the  expense  of  such  cities  and  towns,  with  duplicate    cities4 and  towns  to 

•        •  j  ,,  .,  -1-  j  .1  •      t  «        •  J  hiave  same 

sets  of  said  apothecaries  weights  and  apothecaries  liquid  meas- 
ures, as  described  in  section  six,  which  shall  be  used  as  standards 
in  the  respective  cities  and  towns  in  which  they  are  kept. 

The  several  county,1  city  and  town  treasurers  shall,  at  the  ex-  ^Iffitgffifof** 
pense  of  their   respective  counties,   cities,   and  towns,   provide   f^5.^  lng  ^ 
therein  accessible  places  for  the  safe  and  suitable  keeping  and  weights 
preservation  of  the  weights,  measures  and  balances  furnished  by 
the  Commonwealth,  which  shall  be  used  only  as  standards.    Said 
treasurers  shall  have  the  care  and  oversight  thereof;  shall  see  that 
they  are  kept  in  good  order  and  repair;  and  if  any  of  them  are  lost, 
destroyed,  or  irreparably  damaged,  shall,  at  the  expense  of  the 
county,1  city  or  town,  replace  the  same  by  similar  weights,  meas- 
ures or  balances.     Counties,  cities  and  towns  may  effect  insurance 
on  such  weights,  measures  and  balances,  for  their  own  benefit. 

The  standards,  except  those  of  apothecaries'  weight  and  apothe- 
caries'  liquid  measure,  which  are  in  the  custody  of  county  1  treas- 

1  See  note  on  p.  188. 


190  Laws  Concerning  Weights  and  Measures 

county    and    town urers  shall,  at  least  once  in  every  ten  years,  and  such  standards- 
standards  to  be  tested  which  are  in  the  custody  of  city  and  town  treasurers  shall,  at  least 
once  in  every  five  years,  be  tried,  adjusted,  and  sealed  by  the 
treasurer  and  receiver  general  or  by  his  deputy.     At  least  once  in 
every  three  years  the  standards  of  apothecaries'  weights  and  of 
apothecaries'  liquid  measures  which  are  in  the  custody  of  county 
treasurers  shall  be  compared  with  and  adjusted  by  those  in  the 
custody  of  the  treasurer  and  receiver  general,  and  such  standards 
in  the  custody  of  city  and  town  treasurers,  with  those  of  the  treas- 
urer and  receiver  general  or  of  the  county  treasurer.     Every 
treasurer  who  neglects  to  have  the  standards  in  his  care  so  sealed 
-shall  forfeit  not  more  than  fifty  dollars. 
(1602-3, 1799^1863,1876,     The  mayor  and  aldermen  of  cities  and  the  selectmen  of  towns 

Appointment  of  seal- s^a^  annually>  m  March  or  April,  appoint  one  or  more  sealers  of 

ers  and  gaugers          weights  and  measures,  or  one  sealer  and  one  or  more  deputy  sealers 

to  act  under  the  direction  of  the  sealer,  and  they  may  also  appoint 

Removal  gaugers  of  liquid  measures;  and  may  at  any  time  remove  such 

sealers,  deputy  sealers  and  gaugers,  and  appoint  others  in  their 
places. 

gec  ^  d7w)  Every  sealer  of  weights  and  measures  shall  receive  from  the 

sealers ^acc^ntabie  treasurer  of  his  city  or  town  a  set  of  the  standards  and  a  seal,  and 
shall  give  a  receipt  therefor,  stating  the  condition  in  which  they  are 
received;  and  he  shall  be  accountable  to  his  city  or  town  for  the 
due  preservation  thereof  in  like  condition  until  he  returns  them 
to  the  treasurer. 

(1705-6, 1730-1, 1738-0,     The  treasurer  and  receiver  general  and  his  deputy,  the  county l 
1709,1800,1847,1907).  ,  ,<       .,  ,        t_  11 1  i   ^     At.  • 

sec.  20,  as  amended  treasurers,  and  the  city  and  town  sealers  shall  keep  seals  for  their 

283   use.     The  seals  of  the  treasurer  and  of  his  deputy  shall  bear  the 

Each  ^surer,,  seal  letters  "  C.  M. "  and  those  of  the  county  treasurers  and  city  and 

town  sealers  shall  be  of  such  type  as  shall  be  approved  by  the 

deputy  sealer.     Any  such  treasurer  or  sealer  who  neglects  to  keep 

seals  to  be  approved  a  seal  in  accordance  with  the  provisions  of  this  section  shall  forfeit 

not  more  than  twenty  dollars,  and  whoever,  without  being  duly 

penalty f or imperson- authorized  to  do  so,  impersonates  a  sealer  or  deputy  sealer  of 

ating  sealer  .    ,  j  «*,  r  .    J  - 

weights  and  measures  by  the  use  of  a  seal  or  otherwise,  or  has  in 
his  possession  an  imitation  or  counterfeit  of  a  seal  used  by  a  sealer 
or  deputy  sealer  of  weights  and  measures,  shall  be  punished  by  a 
fine  of  not  more  than  fifty  dollars. 

(l6°i847  isll'^^99'     Sealers  of  weights  and  measures  shall  annually  give  public  notice 
fee.  21   '  by  advertisement,  or  by  posting  in  one  or  more  public  places  in 

Annual  notice  of  ad-     J    .  '  ',*"  r 

justment  their  respective  cities  and  towns,  notices  to  all  inhabitants  or  per- 

sons having  usual  places  of  business  therein  who  use  weights, 
measures  or  balances  for  the  purpose  of  selling  goods,  wares,  mer- 
chandise or  other  commodities  or  for  public  weighing,  to  bring  in 

1  See  note  on  p.  188. 


Massachusetts 


l()I 


their  weights,  measures  and  balances  to  be  adjusted  and  sealed. 
Such  sealers  shall  attend  in  one  or  more  convenient  places,  and 
shall  adjust,  seal,  and  record  all  weights,  measures  and  balances 
so  brought  in. 

After  giving  said   notice,  said  sealers  shall  go  to  the  houses,  (1705-*.    ,799,    I8l7. 
stores,  shops  or  vehicles  of  persons  who  neglect  to  comply  there-    ?&  l8?0'  IS?6'  l8?7t 
with,  and  shall  adjust  and  seal  their  weights,  measures  and  balances,  by^cts"'^  T?^ 
Any  person  who  shall  neglect  or  refuse  to  exhibit  his  weights,    Placeotsea>lin* 
measures  or  balances,  used  for  the  purpose  of  weighing  or  meas- 
uring, to  a  sealer  or  deputy  sealer,  or  whoever  hinders,  obstructs 
or  in  any  way  interferes  with  a  sealer  or  deputy  sealer  in  the  per- 
formance of  his  duty  shall  be  punished  by  a  fine  or  not  more  than 
fifty  dollars. 

Said  sealers  shall  go  once  a  year,  and  oftener  if  necessary,  to  every  (1705-6,1X35,  is47,  i876) 
hay  and  coal  scale  and  to  every  platform  balance  within  their   Hay  waies 
respective  cities  and  towns  which  cannot  be  easily  or  conveniently 
removed,  and  shall  test  the  accuracy  of,  adjust  and  seal  the  same. 

Whoever  uses  scales,  weights  or  measures,  for  the  purpose  of 
buying  or  selling  any  commodity  may,  if  he  desires  it,  have  his 
weights  and  measures,  used  for  such  purpose,  tested  and  sealed  by™ 
the  sealer  of  weights  and  measures. 

Apothecaries  and  all  other  persons  dealing  in  drugs,  medicines  or 
merchandise  commonly  sold  by  apothecaries'  weight  or  by  apothe- 
caries'  liquid  measure  shall,  at  least  once  in  three  years,  cause  such 
weights  and  measures  so  used  to  be  tested  and  sealed  either  by  the 
county  treasurer  or  by  the  sealers  of  weights  and  measures  in 
the  respective  cities  and  towns  in  which  they  carry  on  business. 
County  1  treasurers,  for  the  purpose  of  this  section,  shall  be  sealers 
of  weights  and  measures  in  their  respective  counties. 

Whoever  sells  or  deals  in  drugs,  medicines  or  merchandise  which   l 
require  the  use  of  apothecaries'  weights  or  apothecaries'  liquid  *est 
measures  or  in  the  sale  of  which  they  are  commonly  used,  and  does 
not  have  such  weights  and  measures  tested  in  accordance  with  the 
provisions  of  this  chapter  shall  be  punished  by  a  fine  of  not  less 
than  five  nor  more  than  fifty  dollars  for  each  offence. 

If  a  sealer  of  weights  and  measures  cannot  seal  any  weights, 
measures  and  balances  in  the  manner  before  provided,  he  may 
mark  them  with  a  stencil  or  by  other  suitable  means,  so  as  to  show 
that  they  have  been  inspected;  but  he  shall  in  no  case  seal  or  mark 
as  correct  any  weights,  measures  or  balances  which  do  not  conform 
to  the  standards.  If  such  weights,  measures  or  balances  can  be 
readily  adjusted  by  such  means  as  he  has  at  hand,  he  may  adjust 
and  seal  them,  but  if  they  cannot  be  readily  adjusted,  he  shall 
affix  to  such  weights,  measures  or  balances  a  notice  forbidding  their 


Wro,  is76) 
To°te2s4t  weights  upon 


S(l<?07) 

ot  ap°thecarles' 


tor  tailure  to 


Marking  weights 


1  See  note  on  p.  18 


192  Laws  Concerning  Weights  and  Measures 

use  until  he  is  satisfied  that  they  have  been  so  adjusted  as  to  con- 
form to  the  standards;  and  whoever  removes  said  notice  without 
the  consent  of  the  officer  affixing  the  same  shall  for  each  offence 
forfeit  not  more  than  fifty  dollars,  to  be  equally  divided  between 
the  city  or  town  and  the  complainant. 

leailretohavedupii-     ^  sealer  or  ms  deputy,  when  visiting  the  place  of  business  of  any 
cate  sets  person  for  the  purpose  of  testing  any  weights,  measures  or  balances, 

may  use  for  that  purpose  such  weights,  measures  or  balances  as  he 
can  conveniently  carry  with  him;  and  each  city  and  town  shall 
furnish  its  sealer  with  one  or  more  duplicate  sets  of  weights, 
measures,  and  balances,  which  shall  at  all  times  be  kept  to  conform 
to  the  standards  provided  by  the  Commonwealth ;  and  all  weights, 
measures  and  balances  so  sealed  shall  be  deemed  to  be  legally 
sealed,  as  if  they  were  tested  and  sealed  with  the  standard  weights, 
measures  and  balances. 

Sec  Wry,  1897}  A  sealer  or  deputy  sealer  of  weights  and  measures  may  seize 

May  seize  for  evi-  without  a  warrant  such  weights,  measures  or  balances  as  may  be 
necessary  to  be  used  as  evidence  in  cases  of  violation  of  the  law 
relative  to  the  sealing  of  weights  and  measures ;  and  they  shall 
be  returned  to  the  owners  or  forfeited  as  the  court  may  direct. 

sec.3o(lMi?)  A  sealer  or  deputy  sealer   of  weights   and  measures,   or  any 

measures  o1  untaw!ul  person  specially  authorized  by  the  mayor  and  the  aldermen  or 
selectmen,  may  seize  any  measures  which  are  in  the  possession  of 
the  vendor  of  merchandise  and  which  are  used  or  intended  to  be 
used  for  measuring  merchandise  offered  for  sale  by  him  if  they  are 
not  of  the  shape  or  dimensions,  or  are  not  sealed,  as  required  by 
law;  any  such  vendor  who  has  in  his  possession  such  measures, 
with  intent  to  use  them  in  violation  of  law,  shall  be  punished  by  a 
fine  of  not  more  than  twenty  dollars  for  each  offence,  and  such 
measures,  upon  proper  proceedings,  shall  be  destroyed.  Such  pos- 
session of  such  measures  shall  be  prima  facie  evidence  that  they 
were  intended  to  be  used  in  violation  of  law.  Violations  of  the 
provisions  of  this  section  shall  be  prosecuted  by  said  officers. 
(.1863, 1870, 1876,  rfP7)  If  any  person  informs  a  sealer  of  weights  and  measures  that  he 

incorrect  weights  has  reasonable  cause  to  believe,  or  if  such  sealer  has  reasonable 
cause  to  believe  that  a  weight,  measure  or  balance  used  in  the 
sale  of  any  commodity  within  his  city  or  town  is  incorrect,  said 
sealer  shall  go  to  the  place  where  such  weight,  measure  or  balance 
is,  shall  test  it  and  mark  it  according  to  the  result  of  the  test;  and 
if  it  is  incorrect  and  cannot  be  adjusted,  he  shall  attach  thereto 
a  notice  of  that  fact  and  forbidding  the  use  thereof  until  it  has  been 

suspected  measures  made  to  conform  to  the  authorized  standard.  If  a  sealer  has 
reasonable  cause  to  believe  that  a  weight,  measure,  scale,  balance 
or  beam  has  been  altered,  since  it  was  last  adjusted  and  sealed  he 
shall  enter  the  premises  in  which  it  is  kept  or  used  and  shall  ex- 


Massachusetts 


jo-? 


Notlce 


, 
*  47' 


amine  the  same.  Whoever  uses  a  weight,  measure  or  balance  after 
refusing  permission  to  a  sealer  to  test  it  shall  be  punished  by  a 
fine  of  not  less  than  ten  nor  more  than  one  hundred  dollars. 

All  weights,  measures  and  balances  which  cannot  be  made  <jjx  **&.  i897,  1910) 
to  conform  to  the  standard  shall  be  stamped  "Condemned"  orb^k^l.^S*1 
"CD  "  by  the  sealer.  All  weights,  measures  and  balances  in  the  JSSSS?  wnreknd 
possession  of  a  merchant  or  vendor  that  are  not  used  for  the 
purpose  of  buying  or  selling,  or  for  the  purpose  of  weighing  and 
measuring  for  hire  or  reward  shall  be  plainly  marked  by  the 
sealer  with  the  notice  stating  that  such  articles  have  not  been 
sealed  in  accordance  with  the  provisions  of  this  chapter.  Who- 
ever removes  said  notice  without  the  consent  of  the  person  affixing  Penalty  tor  removal  oi 
the  same  shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars. 

Whoever  uses,  or  has  in  his  possession  with  intent  to  use,  a  false  (^-  /57aSJlm'e2d£i 
or  condemned  weight,  measure,  scale,  balance  or  beam  for  weigh-  fey  A^,  '1906,  ch.  2iS 

..*  /.  i       Penalty  for  using  false 

ing  or  measuring  any  commodity  sold  or  exchanged  may  for  each  weights 
offence  be  fined  not  more  than  fifty  dollars.     The  possession  of 
such  weight,  measure,  scale,  balance  or  beam  shall  be  prima  facie 
evidence  that  the  same  was  intended  to  be  used  in  violation  of  law. 

Each  sealer  of  weights   and  measures,   including  the  county  (1692-3,  1730-1,  1738-9, 
treasurers,  shall  receive  a  fee  of  one  dollar  for  sealing  each  platform    'ffio,4^)99' 
balance  if  weighing  five  thousand  pounds  or  more,  and  fifty  cents   |^a3^  seaU!ra 
if  weighing  less  than  that  amount,  and  three  cents  each  for  sealing 
all  other  weights,  measures,  scales,  beams  or  balances.     He  shall 
also  have  a  reasonable  compensation  for  all  necessary  repairs, 
alterations  and  adjustments  made  by  him. 

Cities  and  towns  may  establish  ordinances  and  by-laws  pro- 
viding  that  the  sealer  of  weights  and  measures  shall  be  paid  by  a 
salary,  and  that  he  shall  account  for  and  pay  into  the  city  or  town 
treasury  the  fees  received  by  him  by  virtue  of  his  office;  and  if 
such  salary  is  paid,  no  fees  shall  be  charged  for  services  rendered 
under  the  provisions  of  section  twenty  -one. 

Vibrating  steelyards  may  be  used  if  each  beam  and  the  poises  gec(^°°. 
thereof  are  annually  tried,  proved  and  sealed  by  a  sealer  of  steelyard 
weights  and  measures. 

Whoever  sells  or,  if  by  the  custom  of  trade  such  weights,  meas-  few-*. 

it  'iii.ii  i  i  i°47<  io 

ures,  scales,  beams  or  balances  are  provided  by  the  buyer,  buys  by   sec. 
any  other  weights,  measures,  scales,  beams  or  balances  than  those 
which  have  been  sealed  as  before  provided  or  as  provided  in  chapter 
sixty-three  shall  forfeit  not  more  than  twenty  dollars  for  each  Penalty. 
offence  to  the  use  of  the  person  suing  therefor. 

The  seller  may  recover  the  fair  market  value  of  goods,  wares  or   Sec  <« 
merchandise  sold  if  they  were,  for  the  purposes  of  the  sale,  weighed 
or  measured  upon  scales,  measures,  weights,  beams  or  balances  collected 

8578°—  12  -  13 


Sec(l5<5^  J*7<J) 

may  be  paid 


we}ghtg 


194  Laws  Concerning  Weights  and  Measures 

which  were  not  sealed  according  to  law,  or  by  a  person  not  a 
sworn  weigher,  measurer  or  surveyor,  or  by  a  person  not  author- 
ized by  law  to  weigh  or  measure  the  same,  if  such  sale  is  made  in 
good  faith  and  the  purchaser  is  not  injured  thereby. 

^    (1826)  if  commodities  are  sold  by  the  hundred  weight,  it  shall  be  under- 

njn|redweight,  how  stood  to  mean  the  net  weight  of  all  packages  of  not  more  than  one 
hundred  pounds  avoirdupois;  and  all  contracts  concerning  goods 
sold  by  weight  shall  be  understood  and  construed  accordingly. 

teuies°for  weighing  Every  public  weigher  of  goods  or  commodities  shall  weigh  the 
same  according  to  the  provisions  of  the  preceding  section,  and 
shall  make  his  certificate  accordingly;  and  for  each  refusal  or 

public  weigher        neglect  he  shall  forfeit  not  more  than  ten  dollars.     Every  weigher 

of  goods  appointed  by  a  city  or  town  and  every  weigher  for  hire 

or  reward  shall  be  a  public  weigher  within  the  provisions  of  this 

section. 

(1^23)  If  the  city  council  of  a  city  or  a  town  accepts  the  provisions  of 

Measures  for  salt  and  this  section  or  has  accepted  the  corresponding  provisions  of  earlier 
laws,  every  measure  by  which  salt  or  grain  is  sold  shall  in  addi- 
tion to  being  conformable  in  capacity  and  diameter  to  the  public 
standards,  have  a  bar  of  iron,  approved  by  a  sealer  of  weights 
and  measures,  across  the  middle  thereof  at  the  top,  and  a  bar 
or  standards  of  iron,  approved  as  aforesaid  from  the  center  of 
the  first  mentioned  bar  to  the  center  of  the  bottom  of  the  meas- 
ure ;  and  every  such  measure  shall  be  filled  by  shoveling  such  salt 
or  grain  into  the  same,  and  the  striking  thereof  shall  always  be 
lengthwise  of  the  first  described  bar.  And  whoever  sells  or  ex- 
poses for  sale  any  salt  or  grain  in  any  other  measure,  or  fills  or 
strikes  such  measure  in  any  other  manner  than  is  provided  in  this 
section,  shall  forfeit  fifty  cents  for  every  bushel  of  salt  or  grain  so 
measured,  filled,  or  stricken;  but  salt  may  be  measured  from  ves- 
sels in  such  measures  as  are  used  by  the  government  of  the  United 
States,  or,  as  authorized  by  any  city  or  town,  in  tubs  or  in  propor- 
tional parts  of  hogsheads,  without  bars. 
(1863)  The  mayor  and  aldermen  of  a  city  or  selectmen  of  a  town  in 

Appointment  oi  which  boilers  and  heavy  machinery  are  sold  shall  appoint,  and  may 
remove,  one  or  more  persons,  not  engaged  in  the  manufacture  or 
sale  thereof,  to  be  weighers  of  boilers  and  heavy  machinery,  who 
shall  be  sworn  to  the  faithful  performance  of  their  duties.  The 
board  appointing  them  may  fix  their  fees,  which  shall  be  paid  by 
the  seller. 

sic900'  *MJv£JaJfcd     Glass  bottles  or  jars  which  are  used  for  the  distribution  of  milk 
by  ActefigoQ,  ch.  531    or  cream  to  consumers,  and  which  hold,  when  filled  to  a  level  with 

Glass  bottles  and  jars  ,,       ,  ,.    ,  ,  ,  .,  ,     . 

used   for   milk  and  the  bottom  oi  the  cap  or  stopple,  not  less  than  seven  ounces  and  six 

cream    to    be    sealed,   i  j  •    1  j  1  t 

when;  how  marked- drams  and  not  over  eight  ounces  and  two  drams;  not  less  than 
legal  measures,  when  fif teen  OUnces  and  five  drams  and  not  over  sixteen  ounces  and  four 


Massachusetts 

drams ;  not  less  than  thirty-one  ounces  and  four  drams  and  not  over 
thirty-two  ounces  and  four  drams;  not  less  than  forty-seven  ounces 
and  three  drams  and  not  over  forty-eight  ounces  and  five  drams; 
not  less  than  sixty-three  ounces  and  two  drams  and  not  over  sixty- 
four  ounces  and  six  drams,  shall  be  sealed  as  measures  under  the 
provisions  of  section  twenty-one  or  by  the  manufacturer.  All 
dealers  in  milk  or  cream  who  use  glass  bottles  or  jars  for  the  distri- 
bution of  milk  or  cream  to  consumers,  which  have  not  been  sealed 
by  the  manufacturer,  shall  bring  in  such  bottles  or  jars  to  the 
office  of  the  sealer  of  weights  and  measures  in  their  respective  cities 
and  towns,  to  be  sealed  as  aforesaid;  but  no  fee  shall  be  charged  or 
received  for  sealing  them.  If  a  bottle  or  jar  has  once  been  sealed 
by  the  sealer  of  weights  and  measures  or  by  the  manufacturer,  it 
shall  not  in  any  case  be  necessary  to  have  it  sealed  again  at  any 
time  while  it  is  used  for  the  distribution  of  milk  or  cream  to  con- 
sumers. Glass  bottles  or  jars  sealed  under  the  provisions  of  this 
section  shall  not  be  legal  measures  except  for  the  distribution  of 
milk  or  cream  to  consumers.  Such  bottles  or  jars  as  are  sealed 
by  the  manufacturer  shall  be  marked  with  the  name,  initials,  or 
trademark  of  the  manufacturer,  and  by  any  other  mark  which  the 
commissioner  of  weights  and  measures  may  require.  The  sealing 
of  such  bottles  or  jars  by  the  manufacturer  shall  not  be  held  to 
affect  the  provisions  of  law  relating  to  the  giving  of  false  measures, 
or  the  using  of  a  false  measure,  or  the  having  in  possession  of  a  false 
measure  with  intent  to  use. 

Paper  or  fibre  bottles  and  jars  which  are  used  for  the  distribu-    s^Y910- ch' 46a 
tion  of  milk  or  cream  to  consumers,  and  which  hold,  when  filled    sealing  paper  bottles 

and  jars 

to  a  level  with  the  bottom  of  the  cap  or  stopple,  not  less  than  eight, 
sixteen,  thirty-two,  forty-eight  or  sixty-four  ounces,  shall  be 
sealed  as  measures  under  the  provisions  of  section  twenty-one  of 
chapter  sixty-two  of  the  Revised  Laws,  or  of  chapter  three  hun- 
dred and  twenty-three  of  the  acts  of  the  year  nineteen  hundred 
and  six,  or  by  the  manufacturer  in  the  manner  provided  in  sec- 
tion forty- three  of  chapter  sixty-two  of  the  Revised  Laws,  as 
amended  by  chapter  five  hundred  and  thirty-one  of  the  acts  of  the 
year  nineteen  hundred  and  nine,  and  when  so  sealed  may  be  used 
in  the  manner  provided  by  law  for  glass  milk  jars  and  bottles. 
Every  such  bottle  or  jar  shall  have  plainly  stamped  upon  it  by 
the  manufacturers  the  words: — "Penalty  for  re-use,  twenty-five 

dollars." 

Whoever  re-uses  any  such  paper  or  fibre  bottle  or  jar  for  dis- 
tributing  milk,  cream  or  other  liquid  used  for  food,  after  such 
bottle  or  jar  has  been  once  used  therefor,  shall  be  punished  by  a 
fine  of  not  more  than  twenty-five  dollars  for  each  offence. 


196  Laws  Concerning  Weights  and  Measures 

secV906'  °h' 323         Any  sea^er  °f  weights  and  measures  who  shall  have  been  notified 
Bottles  or  jars  to  be  ky  any  dealer  in  milk  or  cream  who  uses  glass  bottles  or  jars  for 

sealed  by  sealer  upon    /../  ,i'iiii«i« 

notice,  when  the  distribution  of  milk  or  cream  that  the  said  dealer  has  in  his 

possession  not  less  than  six  gross  of  such  glass  bottles  or  jars  which 
have  not  been  sealed,  shall  forthwith  cause  the  same  to  be  sealed 
in  accordance  with  the  provisions  of  section  forty-three  of  chapter 
sixty-two  of  the  Revised  Laws,  at  a  suitable  place  provided  by 
the  said  dealer. 

f|£ a  The  fee  to  be  charged  for  sealing  bottles  or  jars  under  the  pro- 

visions of  this  act  shall  be  fifty  cents  per  gross,  to  be  retained  by 
the  sealer  of  weights  and  measures:  provided,  however,  that  if  he 
is  paid  a  salary  by  the  city  or  town  he  shall  account  for  and  pay 
into  the  treasury  of  the  city  or  town  all  fees  received  under  the 
provisions  of  this  act. 

|^3al  All  acts  and  parts  of  acts  inconsistent  herewith  are  hereby 

repealed. 

Acts,  1909.  ch.  541         The  provisions  of  chapter  sixty-two  of  the  Revised  Laws  rela- 

Testing  and  sealing  tive  to  the  testing  and  sealing  of  weights,  measures  and  balances 
shall  apply  to  all  taximeters  and  other  forms  of  measuring  devices 
which  are  used  upon  vehicles  for  determining  the  cost  of  trans- 
portation; provided,  that  the  testing  and  sealing  of  such  devices 
shall  be  performed  by  the  commissioner  of  weights  and  measures 
of  the  commonwealth  and  not  by  the  sealers  of  weights  and  meas- 
-SST^tSILLftlies  in  cities  and  towns.  All  such  devices  shall  be  tested  as  to  the 

WCIgnib    allll    Illeabillv-b  •-•  ^       t  *  -t          -\ 

empowered  to  make  correctness  of  measures  and  values  indicated  by  them,  and  the 

rules  and  regulations  .      .  .  .  J     ,  , 

commissioner  of  weights  and  measures  is  empowered  to  make  such 
rules  and  regulations  as  he  may  deem  necessary  to  insure  accu- 
racy in  the  use  of  the  said  devices. 

commissioner  to  The  commissioner  of  weights  and  measures  shall  seal  the  said 
seauxmdemn  or  seize,  devices  when  tested  and  found  to  be  correct,  and  shall  mark,  con- 
demn or  seize  the  same  if  incorrect,  in  accordance  with  the  pro- 
visions of  said  chapter  sixty-two  applicable  to  weights,  measures 
and  balances,  and  all  penalties  imposed  by  said  chapter  for  viola- 
tion of  the  provisions  thereof  relative  to  weights,  measures  and 
balances  shall  also  be  applicable  to  the  said  devices. 

|^- 3  The  commissioner  of  weights  and  measures  shall  collect  a  fee  of 

one  dollar  for  each  device  sealed  under  the  provisions  of  this  act, 
and  such  fees  shall  be  paid  by  him  monthly  into  the  treasury  of 
the  commonwealth. 

Acts>i  1909.  ch.  4«        The  provisions  of  chapter  sixty-two  of  the  Revised  Laws  relating 

provisions  of  ch.  62  of  to  ^he  adjustment,  testing  and  sealing  of  weights,  measures  and 

Revised  Laws  applica-  J  •    1  •  •  1        •  j 

bie  to  weighing  andbalances  shall  apply  to  all  weighing  and  measuring  devices  used 

measuring  devices  used  ,.  +         •'*•  i  •          e        i   •  J 

for  hire  or  reward       for  the  purposes  of  weighing  and  measuring  for  hire  or  reward. 

Twang  sealing,  etc.     A  sealer  or  deputy  sealer  shall  seal  such  devices  when  they  are 
of  such  devices          tested  and  found  correct,  and  shall  mark,  condemn  or  seize  such 


Massachusetts 

devices  if  found  incorrect,  in  accordance  with  the  provisions  of 
said  chapter  sixty-two  applicable  to  weights,  measures  and  bal- 
ances; and  all  penalties  imposed  by  said  chapter  for  violation  of   Penalties 
the  provisions  thereof  relative  to  weights,  measures  and  balances 
shall  also  apply  to  the  devices  aforesaid. 

The  provisions  of  chapter  sixty-two  of  the  Revised  Laws  relat-  Actsw 
ing  to  the  adjusting,  testing  and  sealing  of  weights,  measures  and 
balances  shall  apply  to  all  scales,  balances,  computing  scales  and 
other  devices  having  a  device  for  indicating  or  registering  the  price 
as  well  as  the  weight  of  the  commodity  offered  for  sale.  All  such 
computing  devices  shall  be  tested  as  to  the  correctness  of  both 
weights  and  values  indicated  by  them. 

A  sealer  or  deputy  sealer  shall  seal  such  devices  when  tested  and    peec,^iaes>  etc 
found  correct,  or  shall  mark,  condemn  or  seize  such  devices  if 
incorrect,  in  accordance  with  the  provisions  of  said  chapter  sixty- ap£1yOVisionsofch-62to 
two  applicable  to  weights,  measures  and  balances,  and  all  penalties 
imposed  by  said  chapter  for  violation  of  the  provisions  thereof 
relative  to  weights,  measures  and  balances  shall  also  be  applicable 
to  such  devices. 

So  much  of  chapter  sixty-two  of  the  Revised  Laws  and  of  all  acts   g^V909- ch>  3I° 
in  addition  thereto  or  in  amendment  thereof  as  provides  that  T  Ch-  62  °J  Revised 

1      11  i       f          '   -i       1       -±1  j        1          '    1  A  i       Laws    rePealed    as    to 

counties  shall  be  furnished  with  standard  weights  and  measures  by  counties   and   county 
the  commonwealth,  and  that  county  treasurers  shall  have  the  care 
and  custody  of  the  same  and  shall  act  as  sealers  of  weights  and 
measures  is  hereby  repealed. 

All  sets  of  standard  weights,  measures  and  balances  furnished    county  standards 
by  the  commonwealth,  and  now  in  the  custody  of  county  treas- may  be  *°ld 
urers,  may  be  sold  by  the  commissioner  of  weights  and  measures 
of  the  commonwealth,  and  the  proceeds  of  such  sale,  after  deducting 
the  necessary  expenses  in  connection  therewith,  shall  be  paid  into 
the  treasury  of  the  commonwealth. 

The  weights  and  measures  of  the  metric  system  may  be  employed  63Rev-  Laws' I902>  ch- 
and  used  in  this  Commonwealth,  and  no  contract  or  dealing  shall    Sec  z  (7*77) 
be  deemed  invalid  and  no  pleading  in  any  court  shall  be  open  to^Memc  system  au- 
objection  because  the  weights  or  measures  are  stated  therein  in 
terms  of  the  metric  system.     The  metric  weights  and  measures 
received  from  the  United  States  and  now  in  the  treasury  of  the 
Commonwealth  may  be  used  as  authorized  public  standards  of 
weights  and  measures,  and  shall  in  no  case  be  removed  from  the 
treasury  except  under  necessity  for  their  preservation  or  repair. 

The  following  tables  shall  be  recognized  in  the  construction  of    |gj£    of    varjous 
contracts  and  in  legal  proceeding  as  establishing  in  terms  of  the  measures 
metric  system  the  equivalents  of  the  other  weights  and  measures 
expressed  therein  and  may  also  be  used  for  computing,  determining 


198  Laws  Concerning  Weights  and  Measures 

and  expressing  in  customary  weights  and  measures  the  weights 
and  measures  of  the  metric  system.1 

Duties  oi  state  and     ^he  duties  of  the  treasurer  and  receiver-general  and  his  deputy 
town  treasurers         and  the  duties  and  responsibilities  of  the  treasurer  of  each  town, 
with  respect  to  the  keeping,  care,  verification  and  use  of  the  stand- 
ard weights  and  measures  of  the  metric  system,  shall  be  the  same 
as  those  established  by  law  with  respect  to  other  standard  weights 
and  measures. 
(1877.1890)  The  deputy  state  sealer  shall  verify,  adjust  and  seal  all  metric 

idling  of  metric  weights  and  measures  brought  to  him  for  that  purpose.  The 
weights  and  measures  seajer  of  weights  and  measures  in  each  town  which  has  received 
the  standard  metric  weights  and  measures  shall  verify,  adjust  and 
seal  all  metric  weights  and  measures  brought  to  him  for  that  pur- 
pose from  within  the  county  in  which  such  town  is  situated,  and 
he  shall  receive  a  reasonable  compensation  therefor;  but  he  shall 
claim  no  fees  for  any  sealing,  verification  or  adjustment  for  the 
performance  of  which  he  may  otherwise  receive  compensation  by 
salary  paid  by  the  town. 

g^  ^  (1877)  Every  person  who  uses  weights  or  measures  of  the  metric  system 

Duties  of  persons  us- for  the  purpose  of  selling  any  goods,  wares  merchandise  or  other 

ing  metric  system  , .  ,     <  111 

commodities  shall  have  them  adjusted,  sealed  and  recorded  by  an 

authorized  sealer  of  weights  and  measures,  and  shall  thereafter  be 

responsible  for  the  correctness  and  exactness  of  the  same;  and 

every  person  who  illegally  or  fraudulently  uses  the  metric  weights 

or  measures  shall  be  liable  to  the  same  penalty  to  which  he  would 

Actfi1902'  ch.  159     have  been  liable  if  he  had  used  other  weights  and  measures. 

of  Lhaei  SyM  hSdbJ     No  person  shall  be  deemed  ineligible  to  hold  the  office  of  weigher 

either  sex  Qf  CQal  jn  any  cj£y  Qr  town  by  reason  of  SCX. 

Rev.  Laws,  1902,  ch.     Whoever,  in  a  city  or  town  for  which  an  inspector  is  appointed, 

J>  I'i836. 1847, 1861)     sells  pressed  or  bundled  hay  or  straw  which  has  not  been  inspected 

weighing  and  in- and  weighed  as  before  provided,  shall  forfeit  two  dollars  for  each 

spection  e    hay  and  bale  Qr  k^dle  so  soi^;  but  no  such  inspection  and  weighing  need 

be  made  unless  the  vendee  at  the  time  of  purchase  requires  it. 
£830^  1854, 1891)  The  city  council  of  a  city  may  establish  ordinances,  with  suitable 
J^peca°nand8ale°l  penalties,  no*  exceeding  five  dollars  for  any  one  violation  thereof, 
for  the  regulation  of  the  sale  of  prepared  wood,  slabs  and  edgings  for 
fuel,  when  sold  by  the  load,  and  for  the  inspection,  survey,  measure- 
ment and  sale  of  bark  for  fuel  or  manufacturing  purposes  brought 
into  said  city  for  sale,  whether  the  same  is  exposed  for  sale  in 
ranges  or  upon  a  cart  or  other  vehicle;  and  said  city  may  provide 
for  the  appointment  of  such  surveyors,  inspectors  and  other  officers 
as  may  be  necessary  to  carry  into  effect  said  ordinances  and  may 
establish  their  fees. 

1  Here  follows  the  conversion  tables  as  adopted  by  the  Congress  of  the  United  States.    See  United 
States  Laws. 


Massachusetts 

The  mayor  and  aldermen  of  a  city  or  the  selectmen  of  a  town (l8^-  I8s°-  l8*5>  I86$. 
shall  appoint,  and  may  remove,  weighers  of  coal,  one  of  whom  at   Sec-  83  '*' 
least  shall  not  be  engaged  in  the  business  of  selling  coal,  who  shall   ' 
be  sworn,  and  by  whom  all  coal  shall  be  weighed.     No  person  shall 
be  ineligible  for  appointment  because  of  the  fact  that  he  is  not  a 
resident  of  such  city  or  town,  notwithstanding  provisions  to  the 
contrary  in  any  general  or  special  act  or  city  charter. 

Coal  shall  be  sold  by  weight,  and,  except  when  sold  by  cargo,  two  (**«•  '*so,  isss,  a70. 

^1  J  •    J  •         t-    11    u       L-L.  J       J    r         ^.1  1884,  1894,  1001,1907) 

thousand  pounds  avoirdupois  shall  be  the  standard  for  the  ton.    sec.  84  as  amended 

Coal  in  quantities  of  less  than  one  hundred  pounds,  shall  be  sold  in  •2e.^*w*1 19°7>  ch 

bags  or  baskets,  and  shall  be  kept  until  delivered  in  the  same  bags  or  weight  andbme!s1ureby 

baskets  in  which  the  goods  are  weighed,  and  coal  thus  sold  shall  be 

exempt  from  the  provisions  of  section  eighty-eight  of  this  chapter. 

Such  bags  or  baskets  shall  be  plainly  marked  with  the  name  of  the 

person  who  puts  up  the  same  and  the  weight  of  the  coal  therein 

with  words  in  solid   Roman  capital  letters  at  least  one  inch   in 

height. 

Section  eighty-five  of  chapter  fifty-seven  of  the  Revised  Laws  is    Laws,  i9o7.  ch.  ^& 

0       J  J  Sec.  2 

hereby  repealed.  Repeal 

Coke  in  quantities  of  less  than  one  hundred  pounds,  and  charcoal  i,  chVs7'a 
in  any  quantities,  shall  be  sold  by  weight  or  by  measure,  and  shall   sec.  w  M^Sended 
be  kept  until  delivered  in  the  same  bags  or  baskets  in  which  the  bys^  2°of  Acokk19and 
goods  are  weighed  or  measured,  and  coke  and  charcoal  thus  soldcharcoal 
shall  be  exempt  from  the  provisions  of  section  eighty-eight  of  this 
chapter.     When  sold  by  weight,  such  bags  or  baskets  shall  be 
plainly  marked  with  the  name  of  the  person  who  puts  up  the  same 
and  the  weight  of  the  coke  or  charcoal  therein,  the  words  so 
marked  being  in  solid  Roman  capital  letters,  at  least  one  inch  in 
height.     Coke  sold  in  quantities  of  one  hundred  pounds  or  more 
shall  be  sold  only  by  weight. 

Baskets  used  in  selling  coke  or  charcoal  by  measure  shall  be  of  the    t    (/<»/.  1900) 

.  i      *  e  111  p  -i      if  1         i      i     TIT  Sec.   87  as  amended 

capacity  of  two  bushels,  of  one  bushel,  or  of  one  halt  bushel,  Massa-  by  Acts,  1909,  ch.  4*4 
chusetts  standard  dry  measure.  They  shall  be  sealed,  and  their  capacity6 aW88' 
capacity  plainly  marked  thereon  by  a  sealer  of  weights  and  meas- 
ures of  the  city  or  town  in  which  the  person  using  them  resides  or 
does  business,  and  shall  be  filled  level  full.  Bags  of  coke  or  char- 
coal or  unpacked  kindling  wood  not  exceeding  six  inches  in  length 
sold  or  offered  for  sale  by  measure  shall  contain,  and  shall  be  sold 
as  containing,  one  half  bushel,  dry  measure,  standard  aforesaid,  of 
said  goods,  and  shall  be  plainly  marked  with  the  name  of  the  person 
who  puts  up  the  same,  and  the  words  in  capital  letters,  each  at  least 
one  inch  in  height  — "  ONE  HALF  BUSHEL,"— and  kindling  wood 
may  be  sold  in  bundles  not  less  than  twenty-seven  inches  in  cir- 
cumference: provided,  that  the  wood  shall  be  cut  not  less  than  two 
and  one  quarter  inches  long. 


2oo  Laws  Concerning  Weights  and  Measures 

seCcS2  IS>09>  ch<  4a4         ^ne  commissioner  of  weights  and  measures  of  the  commonwealth 

Enforcement  and  the  sealers  of  weights  and  measures  in  cities  and  towns  shall 

cause  the  provisions  of  the  preceding  section  to  be  enforced,  and 

whoever  violates  any  provision  of  this  act  shall  be  punished  by  a 

fine  not  exceeding  fifty  dollars  for  each  offence. 

,  rffv'  I'aws'  I9°2' vo1'     Whoever  sells  coke,  charcoal  or  coal  by  weight  shall  without  cost 
'    (IQOI,  igio)        to  the  purchaser  cause  the  goods  to  be  weighed  by  a  sworn  weigher 

Sec.  88  as  amended     r  , ,          • ,  .  -,  .    tT/t.  •    i      j  j     i      11 

by  Acts,  1910,  ch.  219  of  the  city  or  town  in  which  they  are  weighed,  and  shall  cause  a  cer- 
bySweightCO£  ke  tificate  stating  the  name  and  place  of  business  of  the  seller,  and 
either  the  identifying  number,  of  which  a  permanent  record  shall  be 
kept,  or  the  name  of  the  person  taking  charge  of  the  goods  after  the 
weighing,  as  given  to  the  weigher  on  his  request,  the  tare  weight, 
and  the  quantity  of  the  goods,  to  be  signed  by  the  weigher.  Such 
certificate  shall  be  given  to  said  person  and  shall  by  him  be  given 
only  to  the  owner  of  the  goods  or  his  agent  when  he  unloads  the 
same;  and  every  such  person,  owner  or  agent  shall,  on  request 
and  without  charge  therefor,  permit  any  sealer  of  weights  and  meas- 
ures of  any  city  or  town  to  examine  the  certificate  and  to  make  a 
copy  thereof, 
sec.  89,  as  amended  A  sealer  of  weights  and  measures  of  a  city  or  town  in  which  any 

by  Acts,  1910,  ch.  219  .  <•        i  1  <  i   r          1    i-  •      <•  1  .      .  / 

sealer  may  direct  quantity  of  coke,  charcoal  or  coal  for  delivery  is  found  may,  in  his 
discretion,  direct  the  person  in  charge  of  the  goods  to  convey  the 
same  without  delay  or  charge  to  scales  designated  by  such  sealer, 
who  shall  there  determine  the  quantity  of  the  goods,  and,  if  they  are 
not  in  baskets  or  bags,  shall  determine  their  weight  with  the  tare 
weight,  and  shall  direct  said  person  to  return  to  such  scales  forth- 
with after  unloading  the  goods;  and  upon  such  return,  the  sealer 

public  scales  shall  determine  the  tare  weight.  The  scales  designated  by  the 
sealer  as  aforesaid  may  be  the  public  scales  of  the  city  or  town  or 
any  other  scales  therein  which  have  been  duly  tested  and  sealed, 
and  shall  be  such  scales  as  are  in  his  judgment  the  most  convenient 
of  those  available. 

sec.^as^smLnded  A  sealer  of  weights  and  measures  of  a  city  or  town  and  a  sworn 
%^ord7o°beVpst3of  weigher  shall  keep  in  a  book  used  by  him  solely  for  that  purpose  a 
weights  and  measures  record  of  all  baskets  sealed  by  him  as  aforesaid,  and  of  all  weigh- 
ings and  determinations  of  quantities  of  coke,  charcoal  or  coal 
made  by  him  as  aforesaid.  Such  record  shall  be  made  at  the  time 
of  measuring  or  weighing,  and  shall  state  the  day  and  hour  of  the 
measuring  or  weighing,  the  name  and  place  of  business  of  the 
seller  of  the  goods,  the  name  of  the  owner  of  the  baskets  or  of  the 
purchaser  of  the  goods  as  given  to  him  on  his  request  by  the  person 
taking  charge  of  the  baskets  or  goods  after  weighing  or  measuring, 
the  capacity  of  the  baskets  measured  or  quantity  of  goods  de- 
termined, and  the  name  of  said  person,  and,  in  the  case  of  a  re- 
weighing  as  aforesaid,  shall  state  the  weight  as  given  in  the  cer- 


Massachusetts  201 

tificate  and  as  determined  by  him.  No  charge  shall  be  made  by 
any  such  sealer  for  anything  done  under  the  provisions  of  this 
and  the  two  preceding  sections. 

Whoever  violates  any  provision  of  the  seven  precedine  sections   Sec-  91,  amended, 

J?     M        j.  1  -j.1  L     r  •       f  .-  Acts,  1902,  ch.  453 

or  tails  to  comply  with  any  request  for  information  or  direction   Penalty 

made  under  authority  thereof,  or  gives  a  false  answer  to  any  such 

request,  shall  for  each  offence  be  punished  by  a  fine  of  not  more 

than  fifty  dollars ;  and  whoever  shall  be  guilty  of  any  fraud  or  deceit 

relative  to  the  weighing,  selling  or  delivering  of  coke,  charcoal  or 

coal,  shall  for  each  offence  be  punished  by  a  fine  of  not  more  than 

one  hundred  dollars.     Sealers  of  weights  and  measures  shall  cause.  Sealers  to  cause  en- 

,1  ••  r   ,1 1  1-  •  »  ,     forcement 

the  provisions  of  the  seven  preceding  sections  to  be  enforced  in 
their  respective  cities  and  towns. 

A  vendor  of  coal,  coke  or  charcoal  who  has  in  his  possession  a  U7#-0,  1772-3,  ^33; 
basket,  bag  or  other  measure  which  does  not  conform  in  every   k&rf3   * 
particular  to  the  requirements  respecting  it,  with  intent  to  use  or   penalty  for  having 
permit  it  to  be  used  in  measuring  coal,  coke  or  charcoal  sold  or  !j"elal  coal>  etc"  meas" 
offered  for  sale,  shall  be  punished  by  a  fine  of  not  more  than  twenty 
dollars,  and  such  basket,  bag  or  measure  shall  be  destroyed. 

The  mayor  and  aldermen  of  a  city  or  the  selectmen  of  a  town  (1758-9;  1772-3,  1796, 
shall  appoint  one  or  more  persons  whose  duty  it  shall  be  to  seize  'l853'18 
all  baskets,  bags  or  measures  used  or  intended  to  be  used  for  measur- 
ing  coal,  coke  or  charcoal,  which  do  not  conform  to  the  foregoing 
provisions,  to  arrest  without  warrant  any  person  who  has  in  his 
possession  such  baskets,  bags  or  measures  and  to  prosecute  him 
under  the  provisions  of  the  preceding  section.  The  tribunal  by 
which  he  is  convicted  shall  order  said  baskets,  bags  and  measures 
to  be  destroyed. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  en-   se^V903' ch' 484 
gage  in  or  carry  on  the  business  of  selling  coal  or  coke,  as  principal  COaIlcaen,fIc1!fkeiealers  to 
or  agent,  in  any  city  or  town,  at  wholesale  or  retail,  either  by 
maintaining  a  place  of  business  or  by  peddling  the  same  from 
house  to  house,  or  otherwise,  without  first  obtaining  a  license  so 
to  do  from  the  secretary  of  the  Commonwealth. 

The  said  license  may  be  granted  by  the  secretary  of  the  Com-^^f^^^edby 
monwealth  for  such  period,  and  upon  such  conditions  and  terms  as   License' 
may  be  prescribed  in  cities  by  ordinance  and  in  towns  by  by-laws, 
and  upon  the  payment  of  such  fees,  not  exceeding  one  dollar  for    Fees  therefor 
each  year  of  its  continuance,  as  may  be  prescribed  by  the  secre- 
tary. 

The  said  licenses  may  be  suspended  or  revoked  at  any  time  by  ^-^  amended  by 
any  justice  of  the  superior  court,  after  due  hearing,  upon  com- ^ic^nses  may  be  re- 
plaint  in  such  form  as  he  may  require,  for  using  false  weights  False  weights  and 

l  .  .  -  »  •  *  r  measures,  etc* 

or  measures,  for  charging  exorbitant  or  excessive  prices,  tor  con- 
spiring, combining  unlawfully  with  other  persons,  or  unlawfully 


2O2  Laws  Concerning  Weights  and  Measures 

discriminating  in  the  conduct  of  said  business,  or  for  any  other  just 
and  sufficient  reason.1 

public  notice  of  H-  It  shall  be  the  duty  of  any  licensee  as  aforesaid  to  give  public 
notice  that  he  holds  the  license  by  displaying  the  word  "  Licensed," 
and  the  number  of  his  license  at  his  place  of  business  and  on  all 
vehicles  employed  by  him  in  his  business  and  in  such  other  man- 
ner as  the  licensing  authority  may  direct.  It  shall  be  unlawful 
for  any  such  persons,  firms  or  corporations  not  so  licensed  to  des- 
ignate themselves  as  licensed  or  to  use  the  word  "licensed"  upon 
any  vehicle  or  in  any  place. 

Penalty  for  violations     Whoever  violates  any  provision  of  this  act  shall  be  punished  by 
fine  of  not  more  than  fifty  dollars  or  by  imprisonment  for  a  term 
not  exceeding  six  months,  or  by  both  such  fine  and  imprisonment. 
s6RpVs«aws>  19°2' ch'     Under  the  supervision  of  the  inspector  general  and  his  deputies, 
(I7&  i!°3o;    x&;' respectively,  all  kinds  of  split  pickled  fish  and  fish  for  barrelling, 
^839, 1850, 1879)     au  co(iflsh  tongues  and  sounds,  halibut  fins  and  napes,  and  sword- 
pfckSjandYrandhig^8^'  ^  sa^  articles  are  intended  for  export,  shall  be  well  struck 
flsn  with  salt  or  pickle  in  the  first  instance,  and  preserved  sweet  and 

free  from  rust,  taint  or  damage;  and  if  they  are  found  in  good 
order  and  of  good  quality,  they  shall  be  packed  in  tierces  contain- 
ing three  hundred  pounds  each,  in  barrels  containing  two  hundred 
pounds  each,  in  half  barrels  containing  one  hundred  pounds  each, 
or  in  packages  containing  less  than  one  hundred  pounds  each,  on 
which  the  number  of  pounds  therein  shall  be  plainly  and  legibly 
branded.  Every  cask,  kid  or  package  shall  be  packed  with  good 
clean  salt  suitable  for  the  purpose,  and,  after  packing  with  suffi- 
cient salt  to  preserve  its  contents,  shall  be  headed  or  well  secured 
and  filled  up  with  a  clean  strong  pickle. 

i88°34  Casks  which  are  used  for  packing  or  repacking  pickled  fish 
'intended  for  export,  unless  they  contain  less  than  twenty-five 
quality  and  ca- pounds  weight,  shall  be  made  of  sound,  well-seasoned  white  oak, 
ash,  red  oak,  spruce,  pine  or  chestnut  staves,  with  headings  of 
either  of  said  kinds  of  wood,  and,  if  of  pine,  such  headings  shall 
be  free  from  sap  and  knots  and  planed;  the  barrels,  half  barrels 
and  tierces  shall  be  well  hooped  with  at  least  three  good  hoops  of 
sufficient  substance  on  each  bilge,  and  three  hoops  of  the  like 
quality  on  each  chime;  the  barrel  staves  shall  be  twenty-eight 
inches  in  length,  and  the  heads  shall  be  seventeen  inches  between 
the  chimes;  the  barrels  shall  contain  not  less  than  twenty-eight 
nor  more  than  twenty-nine  gallons  each,  the  half  barrels  not  less 
than  fifteen  gallons  each  and  the  tierces  not  less  than  forty-five 
nor  more  than  forty-six  gallons  each.  Each  cask  shall  be  made 
in  a  workmanlike  manner,  and  branded  on  its  side  near  the  bung 
with  the  name  of  the  maker. 

1  Sec.  4  repealed  by  Acts  of  1906,  ch.  434. 


Massachusetts 


20^ 


Sec  2 

Quintal,  weight  of 


(1803,1838,1840,1844, 
* 


Sec  2g 
weighers  of  ash 


Boxes  used  for  packing  smoked  alewives  or  herrings  shall  be    Sec    ^l8°^ 
made  of  good  sound  boards  sawed  and  well  seasoned,  the  sides,    B°»"  quality  and 
top  and  bottom  of  not  less  than  half  inch  and  the  ends  of  not  lesscapa"ty 
than  three-quarters  inch  boards,  securely  nailed;  and  such  boxes 
shall  be  seventeen  inches  in  length,  eleven  inches  in  breadth  and 
six  inches  in  depth,  in  the  clear,  inside. 

If  fish  are  sold  by  the  quintal,  it  shall  be  understood  to  mean 
a  quintal  of  one  hundred  pounds  avoirdupois,  and  all  contracts 
relative  to  fish  sold  in  this  manner  shall  be  construed  accordingly. 

If  clam  bait  is  sold  by  the  barrel,  it  shall  be  construed  to  mean 
a  fish  barrel  of  not  more  than  twenty-nine  nor  less  than  twenty- 
eight  gallons,  and  containing  twenty-six  gallons  of  clams  and 
over  three  gallons  of  pickle.  If  a  disagreement  arises  between 
the  purchaser  and  seller  respecting  the  quantity  in  a  barrel,  either 
party  may  have  the  barrel  measured  by  the  inspector  of  fish;  and 
if  it  does  not  contain  the  aforesaid  number  of  gallons  of  clams,  the 
seller  shall  receive  pay  for  the  number  of  gallons  it  contains,  and 
shall  pay  the  expense  of  measuring  and  coopering;  otherwise  the 
purchaser  shall  pay  such  expense. 

The  mayor  and  aldermen  of  cities  and  the  selectmen  of  towns, 
in  which  salt  water  fish  are  landed  from  vessels,  shall  annually 
appoint  a  public  weigher  of  fish,  who  shall  hold  office  for  one  year 
from  the  time  of  his  appointment  and  until  his  successor  is 
appointed,  shall  be  sworn  to  the  faithful  performance  of  his  official 
duties  and  shall  give  bond  with  sureties  in  the  sum  of  five  thousand 
dollars. 

All  fish  when  landed  from  vessels  or  boats  shall  be  weighed  by 
such  weigher  or  his  deputies,  upon  the  request  or  demand  of  theuponrequestordemand 
buyer  or  seller  of  such  fish  or  of  the  master,  agents  or  a  majority 
of  the  crew  of  such  vessel  or  boat;  and  the  weigher  shall  issue  a 
certificate  of  weight  to  the  seller  and  a  duplicate  to  the  buyer. 

The  deputies  shall  make  report  to  the  weigher  of  the  fish  weighed   Record   of   weight, 
by  them,  and  he  shall  keep  a  complete  record  of  such  weight  withetc"to 
the  date  of  weighing,  the  name  of  the  vessel  from  which  the  fish 
were  taken  and  the  person  for  whom  the  fish  were  weighed.     Such 
scales,  beams,  measures  or  balances  as  may  be  required  by  the 
weigher  or  his  deputies  shall  be  properly  sealed  according  to  law 
and  be  under  his  supervision. 

The  fees  for  weighing  shall  be  twenty  cents  per  one  thousand 
pounds,  but  in  no  case  less  than  one  dollar,  and  shall  be  paid  by 
the  person  applying  to  have  the  fish  weighed.  The  deputies  shall 
pay  to  the  weigher  two  cents  per  one  thousand  pounds  for  all  fish 
weighed  by  them.  ^ 

A  weigher  or  any  of  his  deputies  who  violates  his  oath  of  office   penalty  on  weigher, 
shall  be  liable  to  a  penalty  of  not  less  than  twenty-five  nor  more  Jfe*«  ' 
than  one  hundred  dollars  and  shall  forfeit  his  position. 


fish3  to  be  weighed 


|^s3/ 


welglllng 


204  Laws  Concerning  Weights  and  Measures 


dT'  Laws>  I9°2>  V°L      ^n  eacn  CUT  or  town  where  beef  cattle  are  sold  for  the  purpose  of 

_  -*C«w  market  or  barrelling,  the  mayor  and  aldermen  or  selectmen  shall 

weighers  of  beef      appoint  one  or  more  persons,  conveniently  situated  in  such  city  or 

town  and  not  dealers  in  cattle,  to  be  weighers  of  beef,  who  shall  be 

sworn. 

Fees  for  weighing  cattle  shall  be  paid  by  the  vendor  and  shall 
be  twenty  cents  for  each  of  the  first  five;  fifteen  cents  for  each  of 
the  second  five;  ten  cents  each  from  eleven  to  twenty,  inclusive; 
five  cents  for  each  above  twenty;  also  twelve  and  one-half  cents 
for  each  certificate  which  shall  contain  the  weight  of  each  of  the 
cattle  weighed  for  one  person,  unless  the  vendor  requests  a  division 
thereof. 

1?20~1'  l859^        A  l°af  °f  bread  for  sale  shall  be  two  pounds  in  weight.     Bread, 
weight  of  loaves      unless  composed  in  chief  part  of  rye  or  maize,  shall  be  sold  in 

whole,  half,  three-quarter  and  quarter  loaves,  but  not  otherwise. 
sec.  4,  Amended  by      In  each  shop  or  place  where  bread  is  sold  by  retail  a  legibly 
Aprice9i?st  tobe9posted  printed  price  list  of  the  different  kinds  and  qualities  of  loaves  sold 
there,  with  the  price  thereof  by  the  loaf  and  by  the  half,  three 
quarter  and  quarter  loaf,  shall  be  conspicuously  placed. 

(1800,  1859)  Bread,  when  sold,  shall,  upon  request  of  the  buyer,  be  weighed 

Bread  to  be  weighed,  in  his  presence  and,  if  found  deficient  in  weight,  additional  bread 

shall  be  delivered  to  make  up  the  legal  weight. 

sec?6?al  amend*!  by     Whoever  violates  any  provision  of  the  preceding  three  sections 

Apenait°y8'  **'  ™       shall  be  punished  by  a  fine  of  not  more  than  ten  dollars  for  each 

sealers  to  cause  en-  offence.     The  sealer  of  weights  and  measures  in  the  respective 

forcement  .    .  >     .  .. 

cities  and  towns,  or  the  commissioner  of  weights  and  measures  ot 
the  commonwealth,  shall  cause  the  provisions  of  the  said  three 
sections  to  be  enforced. 

sec.  7  (^59)  The  provisions  of  the  four  preceding  sections  shall  not  apply  to 

Roils  and  fancy  bread  j-oiig  or  ±o  fancy  bread  weighing  less  than  one-quarter  of  a  pound. 

(iW°-  7£7/-  187A'  I8?8'     Every  parcel  or  lot  of  commercial  fertilizer  or  fertilizer  material 

leas,  IOQO)  «....,.,  ,„  ,  11.  i  •    1   •  • 

|ec.  ii   rtilizersr     which  is  sold  or  offered  or  exposed  for  sale  within  this  common- 
uiated  °  K~  wealth  shall  be  accompanied  by  a  plainly  printed  label  containing 

the  number  of  net  pounds  of  fertilizer  in  the  package,     *     *     * 
'7°°~1'  'Ss8)       All  fruits,  vegetables  and  nuts,  if  sold  by  measure,  shall  be  sold 
eeIsurebesold^y  ^T  measure,  and  whoever  violates  the  provisions  of  this  section 

shall  forfeit  not  more  than  ten  dollars  for  each  offence. 
r«?«nt>Hted      Baskets  or  other  receptacles  holding  one  quart  or  less  which  are 
19?9'  c£-  35i°   used  or  intended  to  be  used  in  the  sale  of  strawberries,  blackberries, 

Baskets  for  berries,    ...  111-  1          •  -1111 

ize  of  cherries,  currants,  blueberries,  raspberries  or  gooseberries  shall  be 

Penalty  for  violation       £  ,  1  .,  .'  *;     .  9    1P      .     ,      ,.,  ., 

ot  the  capacity  of  one  quart,  one  pint  or  one  half  pint,  Massachu- 
setts standard  dry  measure.  Whoever  sells  or  offers  for  sale  a 
basket  or  other  receptacle  holding  one  quart  or  less  to  be  used  in 
the  sale  of  any  of  the  aforesaid  fruit  which  does  not  conform  to  said 
standard,  and  whoever  sells  or  offers  for  sale  any  of  the  aforesaid 


Massachusetts  205 

fruit  in  any  basket  or  other  receptacle  holding  one  quart  or  less 
which  does  not  conform  to  said  standard,  shall  be  punished  by  a 
fine  of  not  less  than  five  or  more  than  ten  dollars  for  each  offence. 
Said  baskets  or  other  receptacles  shall  not  be  required  to  be  tested 
and  sealed  as  provided  by  chapter  sixty -two,  but  the  sealer  or 
deputy  sealer  of  weights  and  measures  of  any  city  or  town  or  the 
deputy  sealer  of  the  commonwealth  may,  if  he  so  desires,  and  shall, 
upon  complaint,  test  the  capacity  of  any  basket  or  other  receptacle 
in  which  any  of  the  aforesaid  fruit  is  sold  or  intended  to  be  sold; 
and  if  the  same  is  found  to  contain  less  than  the  standard  measure 
he  shall  seize  the  same  and  make  complaint  against  the  vendor. 

Chestnuts,  walnuts,  cranberries  and  all  other  berries  when  sold   Sec^8s°>l8si) 
shall,  subject  to  the  provisions  of  the  preceding  section,  be  meas-   Nuts!3etc.,  measured 

•  i         ,1  ,    M  i          1  by  the  strike 

ured  by  the  strike  or  level  measure. 

In  all  contracts  for  the  sale  and  delivery  of  wheat,  corn,  rye,  oats, (r8z3-  I84°88l8ss'  I88°' 
barley,  buckwheat,  cracked  corn,  ground  corn  or  corn  meal,  ground  |erca-^sand meal  how 
rye  or  rye  meal,  or  feed,  or  any  other  meal  except  oatmeal,  cider  sold 

.,'  yi_    11  -j    j  •         -u  Sales   by  bushel   or 

apples,  beans  or  peas,  the  same  shall,  except  as  provided  in  chapter  cental 
sixty-two,  be  bargained  for  and  sold  either  by  the  bushel  or  by  the 
cental. 

The  mayor  and  aldermen  of  cities  and  selectmen  of  towns  shall  (J£f$  I?62~3' l8ss) 
annually  appoint  one  or  more  measurers  of  grain ;  and  if  only  one  is  ^Sffii of  grainto 
appointed  by  them,  they  may  authorize  him  to  appoint  deputy- 
measurers. 

Each  of  such  measurers  and  deputies  shall,  upon  request  of  a   Sec(727f~5- l855} 
party  to  a  contract  for  the  sale  by  the  bushel  of  any  quantity  ex-    -duties  of 
ceeding  one  bushel  of  either  of  the  articles  mentioned  in  section  four 
of  chapter  sixty-two,  ascertain  the  weight  thereof  and  give  a  cer-. 
tificate  of  the  number  of  bushels,  as  ascertained  by  weight  accord- 
ing to  the  rule  prescribed  in  said  section. 

Whoever  sells  or  delivers  by  the  bushel  any  quantity,  exceeding   Sec  (£*>• l8^ 
one  bushel,  of  either  of  the  articles  aforesaid,  if  the  same  has  not  penalty    for    short 
been  weighed  by  one  of  the  measurers  of  grain,  shall  forfeit  to  the 
purchaser  two  dollars  for  every  measured  bushel  so  delivered  which 
does  not  contain  the  required  number  of  pounds. 

If  said  articles  are  sold  by  the  cental,  the  measurers  and  their   Sec  29(/5< 
deputies,  upon  application  as  before  provided,  shall  give  a  certifi- Jg*-* 
cate  of  the  number  of  centals  of  the  same;   and  whoever  sells  and 
delivers  a  quantity  of  the  same  exceeding  one  cental,  if  it  has  not 
been  weighed  by  said  measurers,  shall  forfeit  to  the  purchaser  ten 
dollars  for  every  lot,  purporting  to  be  a  cental,  which  contains  less 
than  one  hundred  pounds.  .  } 

The  fees  of  measurers  of  grain  shall  be  prescribed  by  the  mayor   sec.  3° 

.44  P       J_1 ^  — ,-,1        *-v  1  rt  .A  n r«       4  *1        TIT Vl -H"»  M  .C  G6S     01 


and  aldermen  or  by  the  selectmen  of  the  several  places  in  which 
they  are  appointed,  and  one-half  shall  be  paid  by  the  seller  and 
one-half  by  the  purchaser. 


measurers 


206  Laws  Concerning  Weights  and  Measures 

Penalty  for   light      ^  a  measurer  or  deputy  measurer  uses,  or  has  in  his  possession 
weights  with  intent  to  use  for  the  purposes  herein  provided,  any  false  weight , 

scale,  balance  or  other  instrument  for  weighing,  or  colludes  with 
the  purchaser  or  seller  with  intent  to  defraud  the  other  party,  or 
makes  and  utters  a  false  and  fraudulent  certificate  under  the  pro- 
visions of  this  chapter,  he  may  be  removed  from  office  by  the  mayor 
and  aldermen  or  selectmen,  and  shall  also  on  conviction  thereof  be 
punished  by  a  fine  of  not  more  than  five  hundred  dollars  and  by 
imprisonment  for  not  more  than  six  months. 

(1823)  Gunpowder  manufactured  in  this  commonwealth  shall  be  put 

lize  of  casks,  etc.,  for  into  strong  and  tight  casks  containing  twenty-five,  fifty  or  one 

gunpowder  hundred  pounds  each,  or  quantities  of  not  more  than  five  pounds, 

into  copper,  brass  or  tin  canisters  and  closely  covered  with  copper, 

brass  or  tin  covers. 

^^    (1824)  If  the  city  council  of  a  city  or  town  accepts  the  provisions  of 

weighers  of  hay  this  section  or  has  accepted  the  corresponding  provisions  of  earlier 
laws,  the  mayor  and  aldermen  or  selectmen  may  from  time  to  time 
appoint,  for  a  term  not  exceeding  one  year,  weighers  of  hay  who 
shall  have  the  superintendence  of  the  hay  scales  belonging  to  such 
city  or  town,  and  shall  weigh  hay  offered  for  sale  therein  and  any 
other  articles  offered  to  be  weighed.  Such  weighers  of  hay  may 
be  at  any  time  removed  by  such  mayor  and  aldermen  or  select- 
men. Cities  and  towns  may  establish  ordinances  and  by-laws  for 
the  regulation  of  hay  scales  and  of  the  compensation  of  weighers 
of  hay.  A  person  who,  not  having  been  so  appointed,  sets  up  hay 
scales  in  a  city  or  town  for  the  purpose  of  weighing  hay  or  other 
articles  shall  forfeit  to  the  use  of  such  city  or  town  twenty  dollars 
a  month,  so  long  as  such  s'cales  are  continued. 

(i83S.  1847,  i«6i)  The  mayor  and  aldermen  of  a  city  or  the  selectmen  of  a  town  in 
inspectors  of  pressed  which  pressed  or  bundled  hay  or  straw  is  sold  may,  on  the  petition 
of  ten  or  more  voters  thereof,  annually  appoint  one  or  more  inspec- 
tors of  pressed  or  bundled  hay  and  straw,  who  shall  be  sworn. 
They  may  remove  any  inspector  so  appointed,  fill  any  vacancy 
and  fix  the  fees  for  inspecting,  weighing  and  marking,  which  shall 
be  paid  by  the  person  employing  the  inspector. 

sec  ^'847'  z86l)  Bach  inspector  shall  provide  himself  with  proper  scales,  weights, 

-duties  of  seals  and  other  suitable  instruments  and,  on  request  of  the  owner 

or  seller,  shall  inspect  and  weigh  all  pressed  or  bundled  hay  and 

straw  within  the  limits  of  the  city,  town  or  ward  for  which  he  may 

be  appointed. 

£836^1847, 1861)         Bales  or  bundles  of  hay  or  straw  so  inspected,  which  are  found 
pressed    hay    andto  be  sweet,  of  good  quality  and  free  from  damage  or  improper 

straw,  how  numbered       .     .  11111  j     i  1      j    <<TVT  »       o       i     i_     i  «_ 

and  marked  mixture  shall  be  branded  or  marked    No.  i.       Such  bales  or  bun- 

dles of  hay  or  straw  of  a  secondary  quality  shall  be  branded  or 
marked  "No.  2."  Bales  or  bundles  of  hay  or  straw  found  to  be 


Massachusetts  207 

wet  or  damaged,  or  which  contain  substances  not  valuable  as  hay 
or  straw,  as  the  case  may  be,  shall  be  branded  or  marked  "Bad." 
Each  bale  or  bundle  so  inspected  shall  be  branded  or  marked  with 
the  name  of  the  inspector,  the  city  or  town  for  which  he  is  ap- 
pointed, the  month  and  year  when  the  inspection  is  made  and  the 
net  weight  of  the  bundle. 

Whoever,  in  a  city  or  town  for  which  an  inspector  is  appointed,  (r-  lS#> l86'. 
sells  pressed  or  bundled  hay  or  straw  which  has  not  been  inspected 
and  weighed  as  before  provided,  shall  forfeit  two  dollars  for  each 
bale  or  bundle  so  sold;  but  no  such  inspection  and  weighing  need 
be  made  unless  the  vendee  at  the  time  of  purchase  requires  it. 

A  dealer  in  ice  who  refuses  or  neglects  to  provide  scales  for  each    Sec    ('*<») 
wagon  used  by  him  for  the  delivery  of  ice  or,  on  request  of  the   ice" dialers  to  have 
purchaser  of  ice,  refuses  or  neglects  to  weigh  the  same  when  de-SC( 
livered  or  gives  false  weight  shall  for  each  offense  be  punished  by 
a  fine  of  not  more  than  fifty  dollars. 

Whoever,  having  charge  of  the  delivery  of  ice  from  a  wagon,  not   sec.  4e 

1      •  j  •      •  £  AI_  £  xi  1  £  •          Penalty     for     giving 

being  a  dealer  in  ice,  refuses  on  the  request  of  the  purchaser  of  ice  false  weight 
to  weigh  the  same  when  it  is  delivered  or  gives  false  weight,  shall 
be  punished  by  a  fine  of  not  more  than  ten  dollars. 

No  stone  lime  manufactured  within  this  commonwealth  shall  be  (1785,  ms.  vu,  1796, 
sold  or  exposed  to  sale,  or  shipped  on  board  a  vessel  in  casks,   gj&m ' l  °g 
unless  it  is  well  burnt  and  pure,  in  good  and  sufficient  new  casks,  casksahty  ol 
containing  either  fifty  or  one  hundred  gallons  each,  made  of  well- 
seasoned  heads  and  staves,  with  ten  good  and  sufficient  hoops  on 
each  cask,  well  driven  and  sufficiently  secured  with  nails  or  pins. 

Whoever  sells,  exposes  for  sale,  ships  or  receives  on  board  a          (7*09) 
vessel  in  casks,  any  lime  manufactured  in  this  commonwealth,    lenity 
other  than  such  as  is  contained  in  casks  made  according  to  the 
provisions  of  the  preceding  section  and  having  the  aforesaid  marks 
or  brands  respectively,  shall  forfeit  one  dollar  and  fifty  cents  for 
each  cask  sold,  exposed  for  sale,  shipped  or  received  on  board  a 
vessel;  but  the  provisions  of  this  chapter  shall  not  restrain  any 
person  from  retailing  lime  by  the  bushel  or  other  quantities,  when 
not  in  casks. 

The  mayor  and  aldermen  of  a  city  or  selectmen  of  a  town  may        ^8^> l86^ 
establish  regulations,  with  suitable  penalties,  relative  to  the  ap-    survey  of  marble,  etc. 
pointment  of  a  surveyor  and  the  survey  and  measurement  of 
marble,  soapstone  and  freestone  of  every  description,  foreign  or 
American,  imported  or  brought  into  such  place  for  sale. 

Every  cask  of  wrought,  cut  or  wire  nails  or  brads  shall  be  (wo.  l8°^26'  l8&- 
marked  or  branded  on  the  head  by  the  manufacturer,  in  plain, 
legible  letters,  with  his  name  and  the  net  weight  of  the  contents 
of  the  cask. 


208  Laws  Concerning  Weights  and  Measures 

sec((x>'7' '^  I*1  or<ier  to  ascertain  the  mean  or  true  weight  of   potatoes, 

^a^s  of  ^potatoes,  on- onjons  or  sajt,  the  vendor  shall  weigh  ten  measures  at  least  in 
every  hundred  bushels,  five  measures  at  least  in  every  fifty  bushels 
and  two  measures  at  least  in  every  less  quantity  than  fifty  bushels 
sold,  unless  the  vendor  and  vendee  appoint  a  third  person  to 
measure  or  ascertain  the  weight  or  quantity  of  the  same  or  unless 
they  agree  on  such  weight  or  quantity,  or  unless  the  amount  sold 
does  not  exceed  ten  bushels  and  the  vendee  does  not  require  the 
same  to  be  weighed.  Whoever  sells  potatoes,  onions  or  salt,  with- 
out so  ascertaining  the  weight,  shall  forfeit  two  dollars  for  every 
bushel  sold  and  in  like  proportion  for  a  greater  or  less  quantity,  to 
the  use  of  the  person  who  first  prosecutes  therefor. 
(1869, 1878, 1880)  Every  manufacturer  of  cotton,  linen  or  silk  sewing-thread,  and 

sewing  thread  to  be  every  person  engaged  in  putting  up  such  thread  on  spools,  or  in 

packages  of  four  ounces  weight  or  less  not  wound  on  spools,  shall, 

before  the  same  is  offered  for  sale,  affix  to  or  impress  upon  each 

.spool  of  such  thread,  and  upon  each  package  of  such  thread  not 

Spools  or  packages  of    r  ,  1  i    u    1  j       •          A-          J.-L.  ,-A.          £ 

thread  wound  on  spools,  a  label  or  stamp  designating  the  quantity  of 

thread  which  each  spool  or  package  contains,  either  by  giving  the 
length  in  yards  or  by  giving  the  weight. 

sec.  6^' l8?8}  Any  such  person  who  neglects  to  affix  such  label  to  or  to  impress 

stamp  upon  each  spool  and  package  of  thread,  or  affixes  to  or 
impresses  upon,  or  causes  or  suffers  to  be  affixed  to  or  impressed 
upon,  any  spool  or  package  of  thread  intended  for  sale,  a  label  or 
stamp  specifying  that  such  spool  or  package  contains  a  greater 
number  of  yards  or  a  greater  quantity  of  thread  by  five  per  cent 
than  such  spool  or  package  contains,  shall  forfeit  five  dollars  for 
each  spool  or  package  so  without  a  label  or  stamp  or  falsely  labelled 
or  stamped,  which  is  sold  or  delivered  to  any  person  to  be  sold, 
one-half  of  which  shall  be  to  the  use  of  the  commonwealth  and  one- 
half  to  the  use  of  the  person  who  sues  therefor. 

secffc l878' l88o)  A  merchant,  jobber  or  trader  who  sells  or  offers  for  sale  cotton, 
threaialfaiseior  sellinz  nnen  or  snk  sewing  thread,  put  up  either  on  spools,  or  in  packages 
of  the  weight  of  four  ounces  or  less  not  wound  on  spools,  which  is 
not  labelled  or  stamped,  or  which  is  falsely  labelled  or  stamped  as 
regards  length  or  quantity  by  an  amount  greater  than  five  per  cent 
of  the  true  length  or  quantity,  shall  be  liable  to  the  penalty  pro- 
vided in  the  preceding  section. 

sec.  64(/*75)  Ready  wound  bobbins  of  thread  adapted  for  use  in  sewing 

bobbins  ex-  machine  shuttles  shall  be  exempt  from  the  provisions  of  the  three 
preceding  sections. 

c*ty  council  of  a  city  and  a  town  shall  annually  choose  one 
Measurers  of  wood  OT  morQ  measurers  of  wood  and  bark,  who  shall  hold  office  during 
and  bark  °  the  year  and  until  others  are  chosen  and  qualified  in  their  stead, 


Massachusetts  200 

and  who  shall  be  sworn.  Towns  may,  by  vote  fixing  the  number 
to  be  chosen,  delegate  the  appointment  of  such  measurers  to  the 
selectmen. 

Such  measurers  may,  in  the  manner  prescribed  for  surveyors  of   ,       d894) 
lumber  in  section  seven  of  chapter  sixty,  be  licensed  to  act  in  a  Measurers  may  act 
town  adj  oining  that  for  which  they  are  elected  or  appointed.  ln  adioining  town 

Cord  wood  exposed  for  sale  shall  be  either  four,  three  or  two  (1705-6,  i758-g,  17?2-3, 
feet  long,  including  half  the  kerf;  and  the  cord  of  wood,  being  well   sec/ff'  ^ 
and  closely  laid  together,  shall  measure  a  quantity  equal  to  a  cord  aSSV00^    dimen" 
of  eight  feet  in  length,  four  in  width  and  four  in  height. 

If  firewood  or  bark  which  is  exposed  for  sale  in  a  market  or  upon  (^-0,  '772-3, 1779-80, 
a  cart  or  other  vehicle  is  offered  for  sale  before  it  has  been   Sec-  i*m 
measured  by  a  public  measurer  of  wood  and  bark  and  before  awwdrete./notmeS- 
ticket  thereof  signed  by  him  has  been  delivered  to  the  driver, ur 
certifying  the  quantity  which  the  load  contains,  the  name  of  the 
driver  and  the  place  in  which  he  resides,  the  driver  and  owner 
shall  for  each  load  thereof  severally  forfeit  five  dollars. 

Measurers  of  wood  and  bark  in  any  city  or  town  shall  be  entitled  ^705-6, 1710-11, 1758-0, 

1        r  r  j.1       •  •  .1  111  1772-3,  1779-80,  170) 

to  such  fees  for  their  services  as  the  mayor  and  aldermen  or   sec.  79 
selectmen  shall  establish;  and  the  fees  shall  in  each  case  be  paid 
to  the  measurer  by  the  driver  and  shall  be  repaid  by  the  purchaser. 

Cord  wood  brought  by  water  into  a  city  or  town  for  sale,  and  Sec  <£«>.  ^jo) 
landed,  shall  be  measured  by  a  public  measurer;  and  for  that w»«  eaVu  r e  ment  of 
purpose  the  wood  shall  be  corded  and  piled  by  itself  in  ranges, WJ 
making  up  in  height  what  shall  be  wanting  in  length,  and,  being  so 
measured,  a  ticket  shall  be  given  to  the  purchaser,  who  shall  pay   Fee  ticket 
the  stated  fees  for  such  service.     Cities  and  towns  may  establish 
ordinances  and  by-laws,  with  suitable  penalties,  for  the  inspection, 
survey,  measurement  and  sale  of  wood,  coal  and  bark  for  fuel 
brought  into  such  places  for  sale,  and  may  also  provide  for  the 
appointment    of    inspectors,    surveyors    and    other  officers    and 
establish  their  fees. 

Each  wharfinger,  carter  or  driver  who  conveys  firewood  or  bark  (-I758~9I'7I$*^$79~8°- 
from  a  wharf  or  landing  place  shall  be  furnished  by  the  owner  or   fee  si  ' 

•j.1          j--    i  ^.-£    •         XL  -L-.L  i--    1_  j.1-      i        J  i.    '  Tickets      showing 

seller  with  a  ticket  certifying  the  quantity  which  the  load  contains  quantity  in  load 
and  the  name  of  the  driver;  and  if  firewood  or  bark  is  thus  con- 
veyed without  such  ticket  accompanying  the  same,  or  if  a  driver 
refuses  to  produce  and  show  such  ticket  on  demand  to  any  sworn 
measurer,  or  to  give  his  consent  to  have  the  same  measured,  or  if 
such  ticket  certifies  a  greater  quantity  of  wood  or  bark  than  the 
load  contains  in  the  opinion  of  the  measurer  after  measuring  the 
same,  the  driver  and  owner  shall  for  each  load  thereof  forfeit 
five  dollars.  The  provisions  of  this  chapter  shall  not  extend  to  a 
person  who  transports,  carts  or  causes  to  be  transported  or  carted 

8578°— 12 14 


2io  Laws  Concerning  Weights  and  Measures 

from  a  wharf  or  landing  place  to  his  own  dwelling  house  or  store 

cord  wood  or  bark  which  he  has  purchased  on  a  wharf  or  landing 

place,  or  which  he  has  landed  thereon  upon  his  own  account. 

6iRev'8^aws>  19°2>  °h'     ^  apparatus  for  linear  measurements  used  by  a  land  surveyor 

5  \i8?i)          shall  be  annually  tested  and  proved  by  the  sealer  of  weights  and 

Annual  test  of  sur-  measures  in  the  city  or  town  in  which  such  surveyor  resides  or  has 

veyors' apparatus        ^  of£ce>  an(j  au  chains,  tapes  or  other  apparatus  used  for  linear 

measurements  which  cannot  be  made  to  conform  to  the  standard 

shall  be  marked  "  condemned,"  or  "  CD.,"  by  the  sealer  of  weights 

and  measures,  and  shall  not  thereafter  be  used  by  any  surveyor 

for  measuring  land,  under  a  penalty  of  twenty  dollars  for  each 

offence. 

»ec  f> .  The  mayor  and  aldermen  of  a  city  or  the  selectmen  of  a  town 

Appointment  ol  per-  J  .  J 

sons  to  test  may  appoint  a  suitable  person,  other  than  the  sealer  of  weights 

and  measures,  to  test  and  prove  such  measuring  apparatus. 

Tv.°«4  *n  hp  based     The  standards  used  for  such  tests  shall  be  based  upon  and  shall 

p      •  *     < 
upon  state  standards   correspond  to  the  standards  furnished  by  the  commonwealth  to 

sealers  of  weights  and  measures. 

fe£s8  The  fees  for  such  testing  and  proof  of  each  article  of  apparatus 

shall  be  twenty-five  cents,  and  shall  be  paid  by  the  person  present- 
ing the  apparatus  for  test. 

Rev.  Laws,  1902, vol.     The  directors  of  each  bank,  once  in  five  years,  shall  have  the 
2>c   (iltjIrfS?        weights  used  in  it  compared,  proved  and  sealed  by  the  treasurer 
weights  of  banks  to  and  receiver  general,1  which  shall  supersede  so  far  as  respects  such 
yeearsproved  eveiy  flva  bank  the  sealing  of  its  weights  by  the  city  or  town  sealer. 

NO'  tender  of  gold     No  tender  by  a  bank  of  gold,  weighed  with  weights  other  than 

valid,  unless,  etc.        those  compared,  proved  and  sealed  as  required  in  the  preceding 

section,  shall  be  legal;  and  the  payer  or  receiver  may  also  require 

that  the  gold  shall  be  weighed  in  each  scale,  and  the  mean  weight 

resulting  therefrom  shall  be  considered  the  true  weight. 

2  dTi  ^aws^2'  V°L     ^  mi^er  occupying  and  using  a  grist  mill  who  neglects  to  provide 

2(i7o9^o,'i728--9, 1762-3,  himself  with  scales  and  weights  or  a  vibrating  steelyard  to  weigh 

sec.  63I7W  corn,  grain  and  meal  to  and  from  the  mill,  when  required,  or  who 

scafes!eetc.  *'      '^refuses  so  to  weigh  corn,  grain  or  meal  when  required,  shall  for 

each  offence  forfeit  to  any  person  who  sues  therefor  not  more  than 

five  dollars. 

Acts.  1907,  ch.  394         Whoever,  himself  or  by  his  servant  or  agent  or  as  the  servant  or 

Sec  i,  as  amended  by  '  *  , 

acts,  1911,  ch.  163        agent  of  another  person,  gives  or  attempts  to  give  false  or  insuffi- 

Penalty     for     giving     P  ...  i_    n  r  XL      ± £f  •   \. 

false  weight  or  measure  cient  weight  or  measure  shall  for  a  first  offence  be  punished  by  a 
fine  of  not  more  than  fifty  dollars,  for  a  second  offence  by  a  fine  of 
not  more  than  two  hundred  dollars,  and  for  a  subsequent  offence 
by  a  fine  of  fifty  dollars  and  by  imprisonment  for  not  less  than 
thirty  nor  more  than  ninety  days. 


dep 


Massachusetts  211 

The  civil  service  commissioners  may  prepare  rules,  which  shall  Acts.^.ch.ssz 
take  effect  when  approved  by  the  governor  and  council  in  the J^ea 
manner  provided  by  law,  for  including  within  the  classified  civil  fled  «vu  service 
service  all  principal  or  assistant  sealers  of  weights  and  measures 
holding  office  by  appointment  under  any  city  or  any  town  of  over 
ten  thousand  inhabitants,  whether  such  officers  are  heads  of 
principal  departments  or  not,  and  also  for  including  within  the 
said  service  the  inspectors  of  weights  and  measures  of  the  common- 
wealth. 


MICHIGAN 

The  weights  and  measures,  together  with  the  scales  and  beams, 
and  those  made  in  conformity  therewith,  which  are  now,  or  may  a&S/£*' p' I5SS 
hereafter  be  deposited  in  the  treasury  of  this  state,  shall  be  pre-    standarda 
served  by  the  treasurer,  and  be  the  public  standards. 

The  treasurer  of  the  state  shall  be  the  state  sealer  of  weights   sec.4883 
and  measures,  and  he  shall  have  and  keep  a  seal,  which  shall  be   Duties681' 
so  formed  as  to  impress  the  letter  "M"  upon  the  weights  and 
measures,  and  scales  and  beams,  to  be  sealed  by  him,  with  which 
he  shall  seal  all  such  authorized  public  standards  of  weights  and 
measures,   and  all  the  weights  and  measures,   and  scales  and 
beams  to  be  provided  by  the  several  counties,  when  examined  by 
said  treasurer,  and  found  to  be  in  conformity  with  the  standard 
weights  and  measures,  and  scales  and  beams  aforesaid. 

The  board  of  supervisors  of  each  county  for  which  the  same   f^j^g  to 
have  not  already  been  obtained,  shall  procure,  for  the  use  and  at  «"e  standards  from 

f  /i     •  £         •    1-j.  j  State  sealer 

the  expense  of  their  county,  a  complete  set  of  weights  and  meas- 
ures, and  scales  and  beams,  in  exact  conformity  with  those 
remaining  in  the  state  treasury;  except  that  the  same  may  be 
made  of  such  suitable  materials  as  the  supervisors  may  direct, 
which  shall  be  tried  and  proved  by  the  said  treasurer,  and  be  by 
him  sealed  and  certified. 

When  so  sealed  and  certified,  such  weights  and  measures,  scales   ^£,$?s8tandar(,s  to 
and  beams,  shall  be  deposited  with  the  county  clerk,  who  shall  be  be  deposited  with  cierk 
the  sealer  of  weights  and  measures  for  the  county,  and  the  same   HIS  duties 
shall  be  kept  by  him  as  the  standard  of  weights  and  measures  for 
the  county;  and  the  said  clerk  shall  also  provide  and  keep  a  seal 
similar  to  the  seal  required  to  be  kept  by  the  state  treasurer,  with 
which  he  shall  seal  the  weights  and  measures,  and  scales  and 
beams,  to  be  provided  by  the  several  townships. 

Once  in  every  five  years  from  the  first  day  of  January,  eighteen    6j£'tlMarth  to 
hundred  and  forty-five,  each  county  clerk  for  the  time  being  shall  b«arjiried  «"*  to  flve 
cause  the  said  standards  in  his  keeping  to  be  tried,  proved  and  sealed 
by  the  state  standards,  under  the  direction  of  the  state  treasurer. 

If  the  board  of  supervisors  of  any  county  which  has  not  hereto-    SEC.  4887 

11          111  iff  •  .t  When  county  stand- 

fore  provided  such  standards,  shall  neglect  for  six  months  to  pro-  ards  to  be  procured  by 
vide  the  same,  and  cause  them  to  be  tried  and  proved,  and  sealed tn 

213 


214  Laws  Concerning  Weights  and  Measures 

as  aforesaid,  and  delivered  to  the  clerk  of  the  county,  it  shall  be 
the  duty  of  the  clerk  to  notify  the  county  treasurer  of  such  neglect, 
and  such  county  treasurer  shall  immediately  provide  such  stand- 
ards, and  cause  the  same  to  be  tried,  proved,  sealed,  and  deposited 
as  aforesaid,  at  the  expense  of  his  county. 

Itandards  for  each  ^e  township  board  of  each  township  shall  procure  to  be  made 
township,  how  procured  and  provided,  when  it  shall  not  heretofore  have  been  done,  for 
the  use,  and  at  the  expense  of  the  township,  a  complete  set  of 
weights  and  measures,  and  scales  and  beams,  in  conformity 
with  the  standards  kept  by  the  clerk  of  the  county,  which  shall  be 
tried,  proved,  and  sealed,  and  certified  by  the  county  clerk,  by 
the  standards  remaining  in  his  office,  and  such  weights  and 
measures,  scales  and  beams,  so  tried,  sealed  and  certified,  shall  be 
delivered  to,  and  kept  by  the  clerk  of  the  township,  as  standards 
for  the  township;  such  township  standards  to  be  made  of  such 
suitable  materials  as  the  township  board  shall  direct;  and  the 
said  board  shall  also  provide  a  seal  similar  to  the  state  seal,  to  be 
kept  by  the  township  clerk. 
sec.  4889  The  township  clerk  of  each  township  shall  be  the  sealer  of 

Township  sealer,  his        .    .,  ,  .     ,  ^ 

duty  weights  and  measures  therein,  and  shall  have  the  care  and  custody 

of  the  standard  weights  and  measures  of  his  township,  and  shall 
seal  weights  and  measures,  scales  and  beams,  used  within  his 
township,  after  having  tried  and  proved  them  by  the  township 
standards. 
NoHc4^  annual  seal-     /^e  c^el"k  °f  eacn  township  shall,  once  in  each  year,  some  time 

ing  in  the  month  of  April,  put  up  a  written  notice  in  three  of  the  most 

public  places  in  the  township,  stating  therein  the  time  and  place 
when  and  where  he  will  attend  such  of  the  inhabitants  as  live 
within  the  limits  described  in  the  several  notices  aforesaid,  and 
seal  all  such  of  their  great  and  small  scales,  beams,  weights  and 
measures,  as  are  found  co  be  accurate,  and  as  they  shall  bring  for 
that  purpose. 
sec.4891^  ^  The  township  clerk  shall  be  entitled  to  demand  and  receive 

township  cie"  °  from  the  person  for  whom  the  service  is  rendered,  for  trying,  prov- 
ing, and  sealing  as  aforesaid,  three  cents  for  each  scale,  beam, 
weight  or  measure  found  not  to  be  conformable  thereto,  and  two 
cents  for  each  scale,  beam,  weight  or  measure  found  to  be  con- 
formable thereto. 
sec.  4892  The  township  clerk  shall  go,  once  in  every  year,  to  the  houses, 

Annual  visit  to  stores,  ,..  <•  1  i!  j  j.    M  r        •    -A 

etc.,  to  try  weights  and  stores  and  shops  of  such  merchants,  traders,  retailers  of  spirituous 
liquors,  and  of  such  other  of  the  inhabitants  of  the  township,  using 
scales,  beams,  weights  and  measures,  for  the  purpose  of  buying 
and  selling,  as  shall  neglect  to  bring  or  send  in  their  scales,  beams, 
weights  and  measures,  and  he  shall  there  try,  prove,  and  seal  the 
same. 


Michigan 


215 


For  the  services  required  in  the  last  preceding  section,  the  town-      ^  4893 
ship  clerk  shall  be  entitled  to  demand  and  receive  of  such  mer- 
chants, or  other  persons,  double  the  fees  hereinbefore  provided   D°«wefeei 
for  the  like  services,  together  with  four  tents  for  every  mile  he 
shall  necessarily  travel  for  that  purpose,  going  out  and  returning 
home. 

The  county  clerk  shall  be  entitled  to  receive  from  each  township    sec.  4894 
clerk  a  fee  of  three  cents,  for  the  first  sealing  of  every  weight,  teZaS^Sf clerks 
measure,  scale,  or  beam,  and  two  cents  for  every  subsequent  seal- 
ing of  the  same. 

If  the  township  board  of  any  township,  after  notice  to  them  that   f^8^^ 
the  standard  of  weights  and  measures  for  the  county  have  been  to  procei?re°st^da?dlerl 
deposited  with  the  county  clerk,  shall  neglect,  for  the  space  of  six 
months,  to  provide  standard  weights  and  measures  for  their  town- 
ship, as  above  directed,  it  shall  be  the  duty  of  the  township  clerk 
forthwith  thereafter  to  procure  the  same  at  the  expense  of  the 
township. 

If  any  sealer  of  weights  and  measures  shall  neglect  to  perform   sec.4896 
his  duty,  as  prescribed  in  this  chapter,  he  shall  forfeit,  for  each  negS  etc.n  * 
neglect,  the  sum  of  five  dollars. 

The  vibrating  steelyards,  which  have  heretofore  been  allowed   sec.4»97 

,.,.=  .  a      ,  ,.  Vibrating  steelyards 

and  used  in  this  state,  may  continue  to  be  used;  but  each  beam,  and 
the  poises  thereof,  shall  be  annually  tried,  proved,  and  sealed,  by  a 
sealer  of  weights  and  measures,  like  other  beams  and  weights. 

When  any  commodity  shall  be  sold  by  the  hundred  weight,  it    §^^|tton  Ol  cer. 
shall  be  understood  to  mean  the  net  weight  of  one  hundred  pounds  tain  contracts 
avoirdupois,  and  all  contracts  concerning  goods  or  commodities  sold 
by  weight,  shall  be  construed  accordingly,  unless  such  construc-- 
tion  would  be  manifestly  inconsistent  with  the  special  agreement 
of  the  parties  contracting. 

The  half  bushel  and  the  parts  thereof  shall  be  the  standard   &%$&  measure  of 
measure  for  fruits  and  other  commodities  customarily  sold  byfruto«etc- 
heaped  measure;  and  in  measuring  such  commodities  the  half 
bushel  or  other  smaller  measure  shall  be  heaped  as  high  as  may  be, 
without  especial  effort  or  design;  and  the  standard  measure  of 
charcoal  shall  be  twenty-seven  hundred  and  forty-eight  cubic    Bushel  of  charcoal 
inches  for  each  and  every  bushel  thereof. 

That  whenever  wheat,  rye,  shelled  corn,  corn  on  the  cob,  corn   ^    gw 
meal,   oats,  buckwheat,  beans,  clover  seed,  timothy  seed,  ^x 
seed,  hemp  seed,  millet  seed,  blue  grass  seed,  red  top  seed,  barley,  weight 
dried  apples,  dried  peaches,  potatoes,  potatoes  (sweet),  onions, 
turnips,  peas,  cranberries,  dried  plums,  castor  beans,  salt,  min- 
eral coal,  Hungarian  grass  seed,  orchard  grass  seed,  osage  orange 
seed,  shall  be  sold  by  the  bushel  and  no  special  agreement  as  to  the 


216  Laws  Concerning  Weights  and  Measures 

measure  or  weight  thereof  shall  be  made  by  the  parties,  the  meas- 
ure thereof  shall  be  ascertained  by  weight,  and  shall  be  computed 
as  follows,  viz : 1 

Weight  per  bushel  of  Lbs  per  bush. 

grata  and  other  prod-  „_ 
ucts  Wheat.  . .  60 


Rye 56 

Corn,  shelled 56 

Corn  on  the  cob 70 

Corn  meal 50 

Oats 32 

Buckwheat 48 

Red  top  seed 14 

Barley 48 

Dried  apples 22 

Dried  peaches 28 

Potatoes 60 

Sweet  potatoes 56 

Onions 54 

Turnips 58 


Lbs.  per  bush. 

Beans 60 

Clover  seed 60 

Timothy  seed 45 

Flax  seed 56 

Hemp  seed 44 

Millet  or  Hungarian  grass  seed 50 

Blue-grass  seed 14 

Peas 60 

Cranberries 40 

Dried  plums 28 

Castor  beans 46 

Michigan  salt 56 

Mineral  coal 80 

Orchard  grass  seed 14 

Osage  orange  seed 33 


sec.49if7/)  That  whenever  stone-lime  is  sold,  and  no  special  agreement  is 

tae0f  bushelmade  by  the  parties,  the  bushel  shall  consist  of  seventy  pounds. 
(187?)  That  whenever  apples  are  bought  or  sold  by  weight  forty-eight 

pounds  shall  constitute  a  bushel. 

.  That  every  person  who  shall  weigh  for  any  person  purchasing, 

we?  bin  cattpieretc°n8°r  se^m?>  or  offering  for  sale,  any  live  stock,  neat  cattle,  sheep, 
swine,  poultry,  or  other  live  animals,  or  any  beef,  pork,  mutton, 
fowls,  or  other  animals  when  dressed,  or  any  hay,  grain,  or  prod- 
gfrerT601  weigllt8  to  be  uce,  shall  make  a  true  and  correct  weight  or  weights  thereof,  and 
give  to  the  purchaser  and  seller,  or  person  offering  the  same  for 
sale,  when  requested,  the  true,  full,  correct,  and  gross  amount  of 
any  and  all  such  weights. 

penalty4  for  violation     Bvery  person  who  shall  willfully  violate  any  of  the  provisions 
ofact  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and   on 

conviction  thereof  shall  be  punished  by  a  fine  not  exceeding  fifty 
dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding  three 
months,  or  by  both  such  fine  and  imprisonment,  in  the  discretion 
of  the  court. 

sec  44f 7l)  That  the  quantity  known  as  a  box  or  basket  of  peaches  shall 

size  of  peach  baskets  contain  seven  hundred  and  sixteen  and  four-fifths  cubic  inches, 

or  one-third  of  a  bushel  strict  measure. 

sec  £t>86o)  That  the  quantity  known  as  a  barrel  of  fruit,  roots,  or  vege- 

Barrete  tables  shall  be  that  quantity  contained  in  a  barrel  made  from 

staves  twenty-seven  inches  in  length,  and  each  head  sixteen  and 
one-half  inches  in  diameter,  or  ordinary  flour-barrel  size. 

sec    il8?7)  That  when  any  person  or  persons,  party  or  parties,  shall  offer 

Frait?etc.,  not  to  be  for  sale  or  sell  in  any  township,  village,  or  city,  within  this  state, 

sold  in  less  quantities  r       . ,  ,    <_ «  L    •        j    •        j  i 

than  represented        any  fruits  or  vegetables  contained  in  drawers  or  cases,  boxes  or 

1  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  these  articles. 


Michigan  217 

baskets,  represented  to  hold  one  bushel  or  any  fractional  part 
thereof,  said  drawers,  boxes,  cases,  or  baskets,  shall  be  of  the 
dimensions  -to  hold,  and  shall  hold  the  quantity  offered  for  sale  or 
sold,  whether  by  the  bushel  of  thirty-two  quarts  or  any  fractional 
part  thereof. 

Any  person  or  persons  violating  the  provisions  of  the  foregoing   t^lf?8 
section,  upon  conviction  before  any  court  of  competent  jurisdiction, 
shall  be  liable  to  a  fine  not  less  than  five  dollars  nor  more  than 
twenty  dollars,  and  imprisonment  for  a  term  not  to  exceed  three 
months,  or  either  or  both,  in  the  discretion  of  said  court. 

That  all  manufacturers  of  peach  baskets  and  other  fruit  pack-    g^    ('*«> 
ages  designed  for  the  shipment  of  peaches,  grapes  and  plums,  and   Fruit  baskets  to  be 

f      ,  .  j    j       i  11  i      marked  as  to  number 

all  shippers  and  dealers  in  the  same,  shall  mark  or  cause  to  be  of  pounds 
marked  in  a  plain  manner  on  the  outside,  otherwise  than  the  bot- 
tom, of  such  baskets  or  packages,  the  capacity  of  each  basket  or 
package  in  pounds  at  the  rate  of  one  pound  for  each  forty-three 
and  eight-thousandths  cubic  inches  of  space  contained  in  such 
basket  or  package. 

Any  manufacturer  of  or  dealer  in  peach  baskets,  or  other  fruit  sec.  49™ 
packages  designed  for  the  shipment  of  peaches,  grapes  and  plums, 
who  shall  sell  or  offer  to  sell  such  baskets  or  packages  without 
complying  with  the  provisions  of  this  act,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  in  any  court  of 
competent  jurisdiction,  shall  be  fined  not  less  than  twenty-five 
dollars  nor  more  than  one  hundred  dollars,  and  stand  committed 
to  the  county  jail  until  such  fine  and  costs  are  paid. 

Every  village  subject  to  the  provisions  of  this  act,  shall,  in  addi-  v<J0jn|}-  g ^aws-  l897- 
tion  to  such  other  powers  as  are  [conferred]  confirmed,  have  the   g^^     ^^  ^ 
general  power  and  authority  granted  in  this  chapter,  and  the  councu^-viiSg^s18 
council  may  pass  such  ordinances  in  relation  thereto  as  it  may  deem 
proper,  namely : 

Twelfth.  To  provide  for  the  inspection  and  sealing  of  weights 
and  measures,  and  to  enforce  the  keeping  and  use  of  proper  weights 
and  measures  by  venders  [vendors]. 

Every  city  incorporated  under  the  provisions  of  this  act,  shall,    fgi«E?  powers  oi 
in  addition  to  such  other  powers  as  are  herein  conferred,  have  the  city  corporations 
general  powers  and  authority  in  this  chapter  mentioned;  and  the 
council  may  pass  such  ordinances  in  relation  thereto,  and  for  the 
exercise  of  the  same,  as  they  may  deem  proper,  namely: 

Eighteenth.  To  regulate  the  inspection,  weighing,  and  measilt 
ing  of  brick,  lumber,  firewood,  coal,  hay,  and  any  article  of  mer-  «"se 
chandise ; 

Nineteenth.  To  provide  for  the  inspection  and  sealing  of  weights 
and  measures  and  to  enforce  the  keeping  and  use  of  proper  weights 
and  measures  by  venders  [vendors]. 


218  Laws  Concerning  Weights  and  Measures 


5'  l897'     Bvery  miller  occupying  and  using  a  grist  mill,  shall  be  provided 
Miteo  keep  scales  with  scales  and  weights,  or  a  vibrating  steelyard,  to  weigh  corn,  grain, 
and  weigh  grain,  flour,  flour  and  meal,  delivered  at  and  taken  from  the  mill,  if  required; 
and  if  he  shall  neglect  to  keep  himself  so  provided,  or  shall  refuse 
so  to  weigh  corn,  grain,  flour  or  meal,  when  required  by  any  person 
refusa?lty  ta  nesl*ci  or  delivering  or  taking  away  the  same,  he  shall  forfeit,  for  each  neglect 
or  refusal,  not  less  than  one  dollar,  nor  more  than  five  dollars. 
se>™?is^saws'  l897         Every  person  who,  with  intent  to  defraud  or  cheat  another, 
obtaining  property  by  shall    *     *     *     or  by  means  of  any  false  weights  or  measures, 

iflisc  pretenses  1         •  -i  •  t* 

obtain  a  larger  amount  or  quantity  of  property  than  was  bar- 
gained for,  or  by  means  of  any  false  weights  or  measures,  sell  or 
dispose  of  a  less  amount  or  quantity  of  property  than  was  bar- 
gained for,  if  such  land  or  interest  in  land,  money,  personal  prop- 
erty, valuable  thing,  larger  amount  obtained  or  less  amount  dis- 
posed, shall  be  of  the  value  of  twenty  five  dollars  or  less,  shall  be 
punished  by  a  fine  not  exceeding  one  hundred  dollars  or  imprison- 
ment in  the  county  jail  not  exceeding  three  months;  and  if  such 
land,  or  interest  in  land,  money,  personal  property,  valuable 
thing,  larger  amount  obtained,  or  less  amount  disposed  of,  shall 
be  of  the  value  of  more  than  twenty  five  dollars,  such  person  shall 
be  punished  by  imprisonment  in  the  said  prison  not  more  than 
ten  years  or  by  fine  not  exceeding  five  hundred  dollars  and  impris- 
onment in  the  county  jail  not  more  than  one  year. 

pub.  Act  208,  1909.  p.     When  mill  products  of  wheat,  corn,  rye  or  buckwheat,  known 
37lec.  i  as  flour,  grits,  meal  or  compounds  of  the  same,  are  placed  or 

rts  packed  in  barrels,  fractional  parts  of  a  barrel  or  sacks  to  be  sold  or 
billed  to  any  person  or  persons  within  this  State,  the  standard 
weight  or  measure  of  a  barrel  or  the  fractional  part  thereof,  shall 
be  as  follows,  viz: 
bafreildardweightsp6r     One  hmiclrecl  and  ninety-six  pounds  for  a  barrel; 

Ninety-eight  pounds  for  one-half  barrel; 

Forty-nine  pounds  for  one-quarter  barrel; 

Twenty-four  and  one-half  pounds  for  one-eighth  barrel; 

Twelve  and  one-fourth  pounds  for  one-sixteenth  barrel  ; 

Six  and  one-eighth  pounds  for  one-thirty-second  barrel. 

^weishts  to  be  placed  The  full  and  correct  weight  as  herein  established  shall  be  placed 
in  said  barrel  or  fractional  part  thereof  by  the  manufacturer, 
company,  dealer,  person  or  persons  filling  the  same,  and  the 
weights  as  herein  established  shall  be  the  legal  weights  in  this 
State  for  such  packages  when  they  are  bought  or  sold,  offered  or 
exposed  for  sale,  or  in  possession  with  intent  to  sell,  or  sold  and 
delivered,  ordered  or  billed. 

ihoYt  weights  ^°  Person  or  persons  shall  sell,  offer  or  expose  for  sale  in  this 

State  by  the  barrel,  or  by  the  fractional  parts  of  a  barrel  as  herein 
established,  any  of  the  mill  products  specified  in  section  one  hereof, 


Michigan  219 

unless  the  barrel  or  fractional  part  of  such  barrel  shall  contain  the 
full  weight  of  such  mill  product  as  is  provided  for  in  section  one 
hereof. 

Before  any  package  containing  the  mill  products  or  compounds    SEA.. 

P  1          -11  i  .  ^.     «    .  ,.  x  „  weignt  to  be  marked 

of  such  mill  products  specified  in  section  one  of  this  act  shall  be  on  package 
sold  or  offered  or  exposed  for  sale  in  this  State,  the  number  of 
pounds  contained  therein  shall  be  plainly  printed  or  stamped  on 
the  face  label  in  plain  English  letters  and  numbers  not  less  than 
one-half  inch  high.  When  such  packages  are  sold  as  one-half, 
one-quarter,  one-eighth,  one-sixteenth  or  one-thirty-second  of  a 
barrel  they  shall  be  so  marked  in  addition  to  the  number  of 
pounds  marked  thereon  as  herein  provided. 

No  manufacturer,  company,  dealer  or  person  shall  abstract  any   sec  4 

£  ±1  -11  j        L.     r  Ai  j       j  1  f         !•          i     Abstraction    of    con- 

part  of  the  mill  products  from  the  standard  packages  or  fractional  ents  unlawful 
parts  named  in  section  one,  and  sell  such  package  as  a  barrel  or 
fractional  part  of  a  barrel  as  denned  in  section  one. 

Any  manufacturer,  company,  dealer,  person  or  persons  who  f^L, 
shall  knowingly  sell,  offer  or  expose  for  sale  or  for  distribution  in 
this  State  any  package  containing  mill  products  of  the  cereals 
enumerated  in  section  one  which  are  stamped  or  labeled  with  a 
greater  number  of  pounds  than  such  package  actually  contains,  or 
who  shall  put  up  or  sell  in  this  state  any  of  the  mill  products  of 
the  above  named  cereals  in  a  manner  contrary  to  the  provisions 
of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  five  hundred  dollars  and  the 
costs  of  prosecution  or  by  imprisonment  in  the  common  jail  or 
the  Michigan  Reformatory  at  Ionia  for  not  less  than  ninety  days 
nor  more  than  one  year  or  by  both  such  fine  and  imprisonment 
in  the  discretion  of  the  court  for  each  and  every  offense:  Provided, 
however,  That  nothing  in  this  act  shall  be  construed  to  cover  or 
affect  sales  or  shipments  made  to  any  manufacturer,  company, 
dealer,  person  or  persons  outside  of  this  State  and  not  intended 
for  sale  or  shipment  back  into  this  State. 

It  shall  be  the  duty  of  the  Dairy  and  Food  Commissioner  to   sec.  6  ^  ^  ^ 
investigate  all  complaints  of  violations  of  this  act,  and  to  take  all  missioned 
steps  necessary  to  its  enforcement.     It  shall  be  the  duty  of  all   ] 
prosecuting  officers  of  this  State  to  prosecute  to  completion  all 
suits  brought  under  the  provisions  of  this  act  upon  complaint  of 
said  Commissioner  or  any  person. 

That  any  person  or  persons  who  shall  sell  or  offer  for  sale  in   comp.  Laws,  1897,  P. 
this  state  any  commercial  fertilizer,   the  retail  price  of  which  Issec.  4965  . 
exceeds  ten  dollars  per  ton,  shall  affix  on  the  outside  of  every  uzer^t  'weigw  to  be 
package  containing  such  fertilizer  a  plainly  printed  certificate, 
stating  the  number  of  net  pounds  therein  ;    *    *    *    . 


shown 


22O  Laws  Concerning  Weights  and  Measures 

^  pub.  Act  12,  1905,     Any  manufacturer,  company,  person  or  persons  who  shall  sell, 

weight  to  be  marked  °ffer  or  expose  f°r  sale  or  for  distribution,  in  this  state,  any  con- 

onjMickages  of  feeding  centrated  commercial  feeding  stuff  used  for  feeding  live  stock, 

shall  furnish  with  each  car,  or  other  amounts  shipped  in  bulk,  and 

shall  affix  to  every  package  of  such  feeding  stuff,  in  a  conspicuous 

place,  on  the  outside  thereof,  a  plainly  printed  statement,  clearly 

and  truly  certifying  the  number  of  net  pounds  in  the  car  or  package 

sold  or  offered  for  sale,     *    *     *     . 

(f)  Any  manufacturer,   importer,   company,   agent,   person  or 
persons,  who  shall  sell,  offer  or  expose  for  sale,  without  first  com- 
plying with  the  provisions  of  this  act,  any  commercial  feeding 
Penalty  stuff,     *     *    *     shall,  upon  conviction  thereof,  be  fined  not  less 

than  one  hundred  dollars  for  the  first  offense,  and  not  less  than 
three   hundred   dollars   for   every   subsequent   offense,   and  the 
offender  shall  also  be  liable  for  damages  sustained  by  the  pur- 
chaser of  such  feeding  stuff  on  account  of  such  misrepresentation. 
P^'  Act  Ico>  I9°s>     ^e  State  Inspector  of  Mines  is  hereby  empowered  to  test  all 
sec.  26  scales  used  in  connection  with  the  weighing  of  coal  in  or  about 

State  inspector  to  test  ,,  ,  TT        i_    11    i_  r    11  j.1  •  1    • 

mine  scales  the  coal  mines.     He  shall  have  full  access  to  everything  used  in 

the  weighing  of  coal. 


MINNESOTA 

There  is  hereby  created  a  department  to  be  known  as  the  de-    |^s.  1911.  ch.  ise 
partment  of  "  Weights  and  Measures,  "  hereafter  referred  to  as  the    Department  created 
Department,  and  it  shall  be  under  the  jurisdiction  of  the  Railroad   under    jurisdiction 
and  Warehouse  Commission,  hereafter  referred  to  as  the  Commis-  house°ac*mm?ssiraare~ 
sion,  which  shall  have  supervision  and  control  over  all  weights, 
weighing  devices  and  measures  in  the  state. 

The  Commission  shall  appoint  a  commissioner  of  weights  and    commission  to  ap- 
measures  and  such  deputies  and  other  employees  as  may  be  nee-  point  commissioner  and 
essary  to  carry  out  the  provisions  of  this  chapter  and  fix  their 
compensation.     The  Commissioner  of  weights  and  measures  and 
the  deputies  shall  give  a  bond  in  the  sum  to  be  fixed  and  approved    Bond 
by   the   Commission.     The  Commission   shall  provide  for  such 
examinations  as  it  may  deem  necessary  to  determine  the  qualifica- 
tions and  fitness  of  appointees. 

The  Commission  shall  prescribe  and  adopt  such  rules  and  regu-    sec.  3 
lations  as  it  may  deem  necessary  to  carry  out  the  provisions  of  this  commilsionuttlo  rladopt 
chapter,  and  it  may  change,  modify  or  amend  any  or  all  rules and  change 
whenever  deemed  necessary,  and  the  rules  so  made  shall  have  the 
force  and  effect  of  law.  -force  of 

The  Department  shall  take  charge  of,  keep  and  maintain  in   sec._4 
good  order  the  standard  of  weights  and  measures  of  the  state  and  menttae! 
submit  them  to  the  Bureau  of  Standards  of  Washington,  D.  C.,  for^" 
certification  when  it  is  deemed  necessary ;  and  shall  keep  a  seal  so 
formed  as  to  impress  the  letters  "  MINN  "  and  the  date  of  sealing 
upon  the  weights  and  measures  that  are  sealed;  it  shall  test,  cor-    _test  other  standards 
rect  and  seal,  when  found  to  be  accurate,  at  least  once  every  year 
and  as  much  oftener  as  may  be  necessary,  all  the  copies  of  the 
standards  used  throughout  the  state  for  the  purpose  of  testing 
the  weighing  or  measuring  apparatus  used  in  the  state,  and  keep 
a  record  thereof;  it  shall  have  general  supervision  of  the  weights,    —to  have  general  su- 
measures,  and  weighing  or  measuring  devices  offered  for  sale, 
or  in  use  in  the  state;  and  shall,  upon  the  written  request  of  any 
person,  test  or  calibrate  weights,  measures,  weighing  or  measuring 
devices  and  instruments  or  apparatus  used  as  standards  in  the 
state;  it  shall  keep  a  complete  record  of  the  standards,  balances   _t0  keep  record 
and  all  testing  and  sealing  apparatus  owned  by  the  state,  and  shall 
annually  during  the  first  fifteen  (15)  days  of  January,  make  a    Annual  report 
report  of  its  actions  to  the  Governor  of  the  state. 


222  Laws  Concerning  Weights  and  Measures 

sec.  s  The  Department  or  any  of  its  employees  shall  have  power  to 

utho         depart"  inspect  and  test  all  weights,  scales,  beams  and  measures  of  every 


kind,  instruments  and  mechanical  devices  for  measurement,  and 
tools,  appliances  or  accessories  connected  with  any  or  all  such 
instruments  for  measurement  that  are  kept,  offered  or  employed 
within  this  state  by  any  person  in  determining  the  size,  quantity, 
extent,  area  or  measurement  of  quantities,  things,  produce,  arti- 
cles for  distribution  or  consumption,  offered  or  submitted  by  any 
person  for  sale,  hire  or  reward;  and  it  shall  at  least  once  in  each 
year,  and  as  much  oftener  as  may  be  deemed  necessary,  see  that 
the  weights,  measures  and  all  apparatus  used  in  the  state  are  cor- 
rect. In  the  general  performance  of  this  duty  the  Department, 
or  any  of  its  employees,  may  enter  or  go  into  and  upon  any  stand, 
place,  building  or  premises  to  stop  any  vendor,  peddler,  junk 
dealer,  coal  wagon,  ice  wagon,  delivery  wagon  or  any  dealer  what- 
soever and  require  him,  if  necessary,  to  proceed  to  some  place 
which  the  sealer  may  specify  for  the  purpose  of  making  proper 
tests.  Scales,  weights,  measures  or  weighing  or  measuring  instru- 
ments that  are  found,  upon  inspection,  to  correspond  with  the 
standards  in  the  possession  of  the  Department  shall  be  sealed  with 
proper  devices  to  be  approved  by  the  Commission.  Any  em- 
measures,  ploy  ee  shall  condemn,  seize  and  may  destroy  incorrect  weights, 

etc.,     may     be     con-^     '  .  •         j       •  •>•    i_    •      ,i_      •     j 

demned,  seized,  or  de-  measures  or  weighing  or  measuring  devices  which,  in  the  judgment 
of  the  Department  cannot  be  satisfactorily  repaired,  and  such  as 
are  incorrect  and  yet  may  be  repaired,  shall  be  marked  as  "Con- 
demned for  repair,  "  in  the  manner  to  be  prescribed  by  the  Depart- 
ment. The  owners  or  users  of  any  scales,  weights,  measures,  or 
weighing  or  measuring  instrument  which  have  been  so  disposed  of 
shall  have  the  same  repaired  or  corrected  within  thirty  (30)  days 
and  the  same  shall  not  be  used  or  disposed  of  in  any  way 
without  the  consent  of  the  Department. 
sec.  e  Any  person  who  shall  offer  or  expose  for  sale,  sell  or  use,  or  have 

False  scale,  weight,.        ••  •  •  /•    ,  .    ,  ,  .    1  . 

measures,  etc.,  sale  or  in  his  possession  a  false  scale,  weight  or  measure,  or  weighing 
or  measuring  device,  or  any  weight  or  measure  or  weighing  or 
measuring  device  which  has  not  been  sealed  within  one  year,  as 
provided  by  this  law,  or  use  the  same  in  the  buying  or  selling  of 
any  commodity  or  thing;  or  who  shall  dispose  of  any  condemned 
weight,  measure,  or  weighing  or  measuring  device,  or  remove  any 
tag  placed  thereon  by  any  authorized  employe  of  the  Department, 
or  shall  sell  or  offer  or  expose  for  sale  less  than  the  quantity  he  repre- 
sents; or  sell  or  offer  or  expose  for  sale  any  such  commodities  in 
the  manner  contrary  to  law;  or  shall  sell  or  offer  for  sale  or  have 
in  his  possession  for  the  purpose  of  selling,  any  device  or  instru- 
ment to  be  used  to,  or  calculated  to,  falsify  any  weight  or  measure, 
or  shall  refuse  to  pay  any  fee  charged  for  testing  or  sealing  or 


Minnesota 


223 


condemning  any  scale,  weight  or  measure,  or  weighing  or  measur- 
ing device,  shall  be  guilty  of  a  misdemeanor  and  shall  upon  con-    Misdemeanor 
viction  be  fined  a  sum  not  les  than  twenty  dollars  ($20)  nor  more   Penalty 
than  one  hundred  dollars  ($100)  or  by  imprisonment  for  not  less 
than  ten  (10)  days  nor  more  than  ninety  (90)  days,  and  the  costs 
of  such  proceedings.     No  scale,  weight,  measure,  or  weighing  or 
measuring  device  that  has  been  sealed  by  the  Department  shall  be 
used,  sold  or  exposed  for  sale  until  the  fee  charged  for  the  service 
has  been  paid. 

Any  person  hindering,  impeding  or  restricting  in  any  way  any   fgj^erln  orres 
employee  of  the  Department  while  in  the  performance  of  his  official  ing  any  employee 
duty  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  be   Misdemeanor 
punished  by  a  fine  of  not  less  than  twenty  dollars  ($20)  nor  more    penalty 
than  one  hundred  dollars  ($100)  or  by  imprisonment  for  not  less 
than  ten  (10)  days  nor  more  than  ninety  (90)  days  for  each  offense. 

The  said  Department  and  all  authorized  employees  under  the   sec;8 

.    .  .     ,  .  .    ,          ,.  ..  Police  power 

provisions  of  this  act  are  hereby  made  special  policemen  and  are 
authorized  and  empowered  to  arrest,  without  formal  warrant,  any 
violator  of  the  statute  in  relation  to  weights  and  measures,  and  to 
seize  for  use  as  evidence  and  without  formal  warrant,  any  false 
weight,  measure,  or  weighing  or  measuring  device  or  package  or  kind 
of  commodity  found  to  be  used,  retained  or  offered  or  exposed  for 
sale  or  sold  in  violation  of  the  law. 

There  is  hereby  appropriated  from  any  monies  in  the  state 
treasury,  not  otherwise  appropriated,  the  sum  of  ten  thousand 
dollars  ($10,000)  to  carry  out  the  provisions  of  this  act. 

The  State  Treasurer  and  the  county  treasurer  of  the  various   |g-e'°  and 
counties  shall  deliver  to  the  Department  all  standards  of  weights  treasurers  to  deliver 

.«       *  1  , .  •  ,  standards   to   the   de- 

and  measures,  balances,  testing  apparatus  and  sealing  equipment  partment 
now  in  their  possession  within  ninety  (90)  days  after  the  passage 
of  this  act. 

The  Commission  shall  fix  the  fees  for  inspecting,  testing,  sealing 
or  condemning  any  scales,  weights,  measures,  and  weighing  or81 
measuring  devices.     All  money  appropriated  or  so  collected,  and 

..  ...        f  •    i    "I*  ..  f  ±1  •     1  t_ii     Fees  and  fines,  dis- 

all  fines  and  penalties  for  violating  any  provisions  of  this  law,  shall  position  of 
be  paid  into  the  State  Treasury  and  known  as  the  "Weight  and 
Measure  Fund  "  and  paid  out  only  on  the  order  of  the  Commission 
and  Auditor's  warrant.  The  money  in  said  fund,  or  so  much 
thereof  as  may  be  necessary,  are  hereby  annually  appropriated  to 
the  payment  of  salaries,  fees  and  expenses  of  officers  and  employees 
of  said  Department. 

The  word  "person"  shall  be  construed  to  mean  person  or  per-    0,^00 
sons,  corporation,  partnership,  stock  company,  or  the  agent  or 
employee  thereof. 

This  act  shall  not  apply  to  nor  repeal  Section  2059  of  the  Revised   s«-  ^  not  repeal 
Statutes  of  1905,  Chapter  357  of  the  Laws  of  1907,  or  Chapter  319  certain  act. 
of  the  Laws  of  1909. 


224  Laws  Concerning  Weights  and  Measures 

|eeya4,  All  acts  or  parts  of  acts  conflicting  with  the  provisions  of  this 

law  are  hereby  repealed,  and  this  act  shall  take  effect  and  be  in 
force  from  and  after  the  first  day  of  July,  1911. 
(1903)  The  standard  measure  of  capacity  for  commodities  sold  by  dry 

Rev.  Laws,  1905,  ch.  ,      1t   ,  ,        ,         ,      ,  ,     •     •  •>•      •       <  ATAI 

so  measure  shall  be  the  bushel  containing  2150.4  cubic  inches.     The 

Dry  measure          half  bushel,  peck,  half  peck,  quarter  peck,  quart,  and  pint  shall  be 

derived  by  successively  dividing  that  measure  by  two. 

LiquiTmeasure  The  standard  measure  of  capacity  for  liquids,  except  beer  and 

wine  gallon  milk,  shall  be  the  wine  gallon,  containing  231  cubic  inches;  and 

31.50  gallons  shall  constitute  a  barrel,  and  63  gallons  a  hogshead. 
^  Miik  and  beer  meas-The  standard  measure  of  capacity  for  beer  and  milk  shall  be  the 
gallon  containing  282  cubic  inches. 


LLaeai7measure  etc       /^^le  standard  measure  of  length,  from  which  all  other  measures 
'  of  extension,  lineal,  superficial,  or  solid,  shall  be  derived,  is  the 

yard,  of  3  feet,  or  36  inches. 
Hundredweight  ^n  contracts  for  the  sale  of  goods  or  commodities,  unless  a  con- 

trary intention  appears,  the  term  "hundredweight"  shall  mean 

100  pounds  avoirdupois. 

sec  (l382s'  Z8o7)  ^n  coirtracts  for  the  sale  of  any  of  the  following  articles,  unless  a 

standard  weight  of  a  contrary  intention  appears,  the  term  "bushel"  shall  mean  the 

bushel,  etc.  1  r  j  •    j  •     i_         •  j 

number  of  pounds  avoirdupois  herein  stated: 

Corn  in  ear,  70;  beans,  peas,  wheat,  clover  seed,  and  Irish  pota- 
toes, 60;  broomcorn  seed  and  sorghum  seed,  57;  shelled  corn  and 
rye,  56;  sweet  potatoes,  55;  onions  and  rutabagas,  52;  buckwheat, 
hemp  seed,  rape  seed,  beets  and  green  apples,  50;  barley,  millet 
and  Hungarian  grass  seed,  48  ;  carrots  and  timothy  seed,  45  ;  blue- 
berries and  parsnips,  42;  currants  and  gooseberries,  40;  cranber- 
ries, 36;  oats,  32;  dried  apples  and  dried  peaches,  28;  charcoal,  20; 
bluegrass,  orchard  grass  and  red-top  seed,  14;  plastering  hair, 
unwashed,  8;  plastering  hair,  washed,  4;  coal,  80;  but  if  sold  by  the 
ton  the  weight  shall  be  2,000  pounds;  lime,  80;  but  if  sold  by'the 
barrel  the  weight  shall  be  200  pounds,  and  a  cord  of  wood  shall 
mean  128  cubic  feet. 

Whoever,  in  buying,  shall  take  any  greater  number  of  pounds 
or  cubic  feet  to  the  bushel,  ton,  or  cord,  as  the  case  may  be,  than  is 
herein  allowed,  or  in  selling  shall  give  any  less  number,  shall  be 
guilty  of  a  misdemeanor. 

Rev.  Laws,  1905  The  village  council  *  *  *  shall  have  power  to  adopt,  amend 
powers  of  council  or  repeal  all  such  ordinances,  rules  and  bylaws  as  it  shall  deem 
expedient  for  the  following  purposes:  *  *  * 

IO-  To  establish  and  regulate  markets,  provide  public  scales/ 
appoint  a  weighmaster,  and  restrain  sales  in  the  streets. 
t  That  in  addition  to  the  powers  heretofore  granted  by  law  to  the 

sec.  775-77  cities  and  villages  in  this  state,  which  power  shall  not  be  limited  or 

inspectors  of  meters  judged  by  the  provisions  of  this  act,  there  is  hereby  granted  to  the 


Minnesota 


225 


Sec.  775 — 18 
Duties,  etc. 


council  or  governing  board  of  any  such  city  or  village  the  power 
and  authority  to  appoint  inspectors  of  gas,  electric  light,  heat  and 
water  meters. 

Such  inspector  shall  have  power  and  authority  to,  at  all  reason- 
able hours,  inspect  and  read  any  gas,  electric  light,  heat  or  water 
meters,  whether  the  same  be  connected  with  a  plant  owned  by  such 
municipality,  or  owned  or  operated  by  any  person,  corporation  or 
association  in  said  city  or  village.  Such  inspection  may  be  made 
either  under  the  direction  of  the  council  or  governing  board  of  any 
such  city  or  village,  or  at  the  request  of  any  private  owner  or  patron 
of  any  such  gas,  electric  light,  heat  or  water  plant,  and  such  inspec- 
tor —  when  requested  or  required  so  to  do  —  shall  report  upon  the 
condition  of  any  such  meter  and  in  reference  to  such  other  matters 
concerning  the  same  as  shall  be  required  of  such  inspector,  that  the 
term  of  office  of  such  inspector  shall  not  be  for  a  longer  period  than 
two  years  and  that  the  said  inspector's  salary  shall  not  exceed  fif  teen 
hundred  dollars  annually. 

The  council  or  governing  board  of  any  such  city  or  village  shall 
have  the  power  and  authority  to  fix  and  determine  the  compensa- 
tion to  be  paid  to  or  received  by  such  inspector,  and  his  term  of 
office. 

That  any  city  containing  not  to  exceed  ten  thousand  inhabitants, 
or  any  village  or  borough  in  this  state,  is  hereby  authorized  and 
empowered  to  maintain  a  public  wagon  scales  therein  as  herein- 
after provided. 

The  common  council  of  any  such  municipality  is  hereby  author- 
ized  and  empowered  to  buy,  establish  and  maintain  public  wagon 
scales  in  such  municipality,  and  said  council  is  hereby  authorized 
and  empowered  to  hire,  buy  and  maintain  scales  already  in  use  in 
said  municipality,  the  same  to  be  used  and  maintained  as  a  public 
wagon  scale  in  such  municipality  for  the  public  use  therein. 

The  common  council  of  such  municipality  wherein  such  public 
scales  are  maintained  shall  have  control  of  such  scales  and  shall  tlons 
make  such  rules  or  regulations  in  regard  to  the  maintenance  and 
use  of  the  same  as  they  shall  deem  proper,  and  said  council  shall 
annually  appoint  a  public  weighmaster,  whose  duty  it  shall  be  to 
have  charge  of  such  scales  and  properly  weigh  all  articles  and  com-  Duty  oi 
modities  thereon  as  hereafter  provided  and  give  a  statement  in 
writing  of  the  weight  of  such  articles  or  commodities  weighed 
thereon  to  the  person  applying  to  have  such  article  weighed,  and 
such  statement  shall  be  prima  facie  the  correct  weight  of  said 
articles  or  commodities,  and  the  common  council  shall  fix  the  com- 
pensation of  said  weighmaster,  which  compensation  shall  be  paid 
out  of  the  treasury  of  such  municipality,  and  shall,  from  time  to 

85780-i2  -  15 


Sec.  77S—I9 
Salary 


(1905) 

Sec.  775—35 
Public  wagon  scales 


Sec.  775—36 


and 


Compensation 


226  Laws  Concerning  Weights  and  Measures 

time,  fix  the  price  to  be  charged  for  weighing  any  article  or  com- 
modity thereon,  and  the  weighmaster  shall  collect  such  charge  at 
the  time  of  weighing  such  article  or  commodity,  and  he  shall  at  the 
end  of  each  month  pay  all  moneys  collected  by  him  for  such  charge 
into  the  treasury  of  the  municipality  and  file  with  the  recorder  of 
such  municipality  a  statement  of  the  amount  of  such  money 
collected, 
sec.  775-38  Such  scales  shall  be  tested,  stamped  and  sealed  by  the  sealer  of 

Scales  to  be  tested  .    ,  ,  t      r          t      •  i  1  j-^         ,1  «•. 

weights  and  measures,  before  being  used,  and  as  often  thereafter  as 

who  may  use         may  be  necessary.     Any  person  either  buying  or  selling  any  article 

or  commodity  by  weight  to  be  delivered  in  such  municipality 

wherein  such  public  scales  are  maintained  may  have  the  same 

weighed  upon  such  public  scales  by  paying  the  fee  charged  for 

weighing  thereon. 

sec.  775— 39  Provided  that  this  act  shall  not  apply  to  any  city  having  a 

Where  not  to  apply        ,  ,  .    ,  .  ,        .  .    !^r  *  J  J 

charter  which  provides  for  a  city  weighmaster. 
Rev.  Laws.  1905.  ch.     Every  person  who  shall  injure  or  defraud  another  by  using,  with 

10sec.'si0i7  knowledge  that  the  same  is  false,  a  false  weight,  measure,  or  other 

a  misdemeanor™1*1148  apparatus  for  determining  the  quantity  of  any  commodity  or 
article  of  merchandise,  or  by  knowingly  delivering  less  than  the 
quantity  he  represents;  or  who  shall  retain  in  his  possession  any 
weight  or  measure,  knowing  it  to  be  false,  unless  it  appears  beyond 
a  reasonable  doubt  that  it  was  so  retained  without  intent  to  use 
it,  or  permit  it  to  be  used,  in  violation  of  the  foregoing  provisions 
of  this  section;  or  who  shall  knowingly  mark  or  stamp  false  or 
short  weights  or  false  tare  on  any  cask  or  package,  or  knowingly 
sell  or  offer  for  sale  any  cask  or  package  so  marked — shall  be 
guilty  of  a  misdemeanor. 
Rev.  Laws,  Supp.  Every  manufacturer,  individual,  association,  co-partnership, 

1909>c  'o<w)478       corporation,  agent  or  employee  (all  hereinafter  included  in  the 
wrig'wtolbe  marked  term  "  person  "),  who  shall  sell,  offer  or  expose  for  sale  or  distribu- 

on package  t'on  jn  ^jg  st-ate  anv  concentrated  commercial  feeding  stuff,  used 

for  feeding  live  stock,  shall  furnish  with  each  car  or  other  amount 
shipped  in  bulk,  and  shall  affix  to  every  package  or  receptacle  con- 
taining such  feeding  stuff,  in  a  conspicuous  place  on  the  outside 
thereof,  a  distinct  and  plainly  printed  label  clearly  and  truly  cer- 
tifying the  net  weight  in  pounds  of  feeding  stuff  in  such  car  or 
receptacle,  *  *  *  and  whenever  any  feeding  stuff  is  sold  at 
retail  in  bulk  or  in  packages  belonging  to  the  purchaser,  the  agent 
or  dealer,  upon  request  of  the  purchaser,  shall  furnish  to  the  pur- 
chaser a  certified  copy  of  the  statement  contained  upon  the  label 
aforesaid. 

Any  person  who  shall  sell,  offer  or  expose  for  sale  or  distribu- 
tion in  this  state  any  concentrated  feeding  stuffs  without  comply- 


Minnesota 


227 


I9°5>  ch' 


7 


(i    } 
Laws, 


SUPP. 


ing  with  the  requirements  of  this  act,  *  *  *  shall  be  guilty  of 
a  misdemeanor,  and  shall,  upon  conviction  thereof,  be  punished 
by  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars,  or  imprisonment  not  less  than  ten  days  nor  more  than 
ninety  days. 

No  person  shall  sell  any  spice  or  condiment  which  is  adulterated 
as  hereinbefore  defined,  unless  each  receptacle  or  package  in  which  Sec.  I 
the  same  is  kept  for  sale  or  sold,  shall  have  securely  affixed  in  a 
conspicuous  place  upon  the  side  thereof,  and  plainly  separated  from  8Pice-  etc 
other  reading  matter,  a  separate  and  distinct  white  label,  upon 
the  outside  face  of  which  label  shall  be  printed  in  the  English 
language  in  black  ink,  in  type  not  smaller  than  double  pica,  the 
words  "mixed  and  adulterated",  and  immediately  following  upon 
the  same  label,  in  color,  style  and  manner  aforesaid,  there  shall 
appear  the  common  English  name  of  the  spice  or  condiment  which 
such  receptacle  or  package  contains,  together  with  the  net  weight 
of  such  contents;  and  such  label  shall  also  contain  the  name  and 
address  of  the  manufacturer  or  packer  of  such  spice  or  condiment. 
No  person  shall  sell  any  unadulterated  spice  or  condiment,  unless 
the  net  weight  of  the  contents  of  the  receptacle  or  package  shall 
plainly  appear  in  a  conspicuous  place  thereon. 

The  railroad  and  warehouse  commission,  hereafter  called  the 
commission,  is  hereby  authorized  and  directed  to  inspect  all  seal- 
ing  devices  made  for  the  purpose  of  sealing  scales  known  to  be  on  scales 
the  market,  and  to  officially  approve  any  device  considered  by  the 
commission  to  be  a  proper  and  safe  device  to  be  used  in  the  sealing 
of  scales. 

When  directed  to  do  so  by  the  commission,  any  person  or  com- 
pany  owning  and  operating  a  scale  under  the  jurisdiction  of  the  required 
commission  is  hereby  required  to  install  such  scale  with  some 
sealing  device  which  has  the  official  approval  of  the  commission. 

Any  person  or  company  failing  within  thirty  days  after  notice 
to  install  such  sealing  device  when  directed  to  do  so  by  the  com- 
mission,  shall  be  subject  to  a  penalty  in  the  sum  of  one  hundred 
dollars.  It  shall  be  a  felony  for  any  person  to  change,  break  or  For  tampering  with 
tamper  with,  or  cause  to  be  changed,  broken  or  tampered  with, 
the  sealing  device  or  sealing  thereof  after  the  same  has  been  prop- 
erly installed  and  inspected  by  some  authorized  agent  of  the 
commission. 

The  railroad  and  warehouse  commission  shall  have  power  to 
enforce  reasonable  regulations  for  the  weighing  of  cars  and  of 
freight  offered  for  shipment  in  carload  lots.  All  track  scales 
used  by  common  carriers  for  the  purpose  of  weighing  carload 
freight  shall  be  under  the  control  and  jurisdiction  of  the  com- 
mission and  subject  to  inspection,  exempt  from  the  jurisdiction 


when 


faiHng  to 


pS'S3f  upp' 


Sec 
8j£fapection 


of  track 


228  Laws  Concerning  Weights  and  Measures 

of  sealers  of  weights  and  measures.  The  entire  cost  of  such 
supervision  and  inspection  shall  be  a  proper  charge  against  the 
common  carriers  interested  in  or  owning  the  several  scales,  the 
same  to  be  paid  upon  the  statement  rendered  by  the  commission. 
All  moneys  collected  shall  be  credited  to  the  grain  inspection  fund. 

28RpV'o6aws>  19°5'  °h'      AH  scales  in  such  terminal  warehouses,  or  used  for  weighing 

*2o<r*w)          grain  in  railroad  yards  at  terminal  points,  shall  be  under  the 

inspection  ot  scales   control  of  the  state  weighmasters  and  subject  to  inspection  by 

them,   exempt  from  the  jurisdiction  of  sealers  of  weights  and 

measures.     They  shall  be  inspected  at  the  request  of  any  person 

interested  in  any  grain  weighed  or  to  be  weighed  thereon.     If 

found  incorrect,  the  cost  of  inspection  shall  be  paid  by  the  owner 

thereof;    otherwise    by    the    person    requesting    inspection.     No 

scales  found  incorrect  shall  be  used  until  re-examined  and    found 

correct. 

weighmasters    and     The  commission  shall  appoint  at  each  terminal  point  a  state 

weighers  weighmaster  and  such  weighers  as  may  be  necessary,  who  shall 

have  the  control  of  the  weighing  of  all  grain  subject  to  state  inspec- 
tion, except  when  otherwise  ordered  by  the  party  shipping  the 
same.  Every  such  weighmaster  and  weigher  shall  give  bond  to 
the  state  in  the  sum  of  five  thousand  dollars,  conditioned  for  the 
faithful  discharge  of  his  duty, 
weighmaster's  rec-  All  weighmasters  and  weighers  shall  keep  such  records  as  may 

ords  and  certificates  ke  prescrjbed  by  the  commission,  and  shall  furnish  to  any  person 
for  whom  weighing  is  done  a  certificate  under  his  hand,  showing 
the  amount  of  each  weight,  the  number  and  initial  letter  or  other 
distinctive  mark  of  each  car  weighed,  place  and  date  of  weighing, 
and  contents  of  car.  Such  certificate  shall  be  prima  facie  evidence 
.  of  the  facts  therein  certified. 

f^,2074  The  fees  for  inspection  and  weighing  shall  be  fixed  by  the  com- 

mission, and  shall  be  a  lien  upon  the  grain.  If  the  grain  is  in 
transit,  such  fees  shall  be  paid  by  the  carrier  and  treated  as 
advance  charges,  and,  if  received  for  storage,  by  the  warehouse 
man,  and  added  to  the  storage  charges.  *  *  * 

iwech  l£™'s66Upp'     No  person  purchasing,  selling  or  storing  grain  in-  any  public 

sec  2  ^I°°7i  local  warehouse  in  this  state,  as  the  same  is  now  or  may  be  here- 

Grcain^sfandard  after  defined  by  law,  shall  use  any  other  measure  for  such  grain 

than  the  standard  bushel,  and  no  other  number  of  pounds  shall 

be  used  or  called  a  bushel  than  the  number  of  pounds  provided 

by  law  as  the  standard  weight  of  the  kind  of  grain  in  question. 

i9^?di.  ^aws>  Supp'      Every  elevator  company,  corporation,  copartnership,  associa- 
sec.  aios-f  tion  or  individual,  operating  any  elevator,  building  or  place  in 

tn^s  state  for  the  purchase,  storage  or  deposit  of  any  grain  or 
other  farm  commodity,  shall  be  entitled  to  receive  from,  and  shall 
demand  of,  the  officer  whose  duty  it  is  to  issue  the  same,  the  official 


Minnesota 


229 


Rev- 


Min/  7to  be 


certificate  of  inspection  in  duplicate,  together  with  the  weigh- 
master's  certificate  in  duplicate  for  any  grain  or  other  farm  com- 
modity shipped  from  any  such  elevator,  building  or  place  and 
inspected  and  weighed  as  provided  by  the  laws  of  this  state. 
All  milk  or  cream  received  or  purchased  for   the  purpose  of 

t  •  ^1  •      A        1  1  1111-1  I 

manufacturing  the  same  into  butter  or  cheese  shall  be  received  or 
purchased  by  weight,  and  payment  therefor  shall  be  upon  the 
basis  of  the  butter  fat  contained  therein.  The  standard  pipette  weight 
for  measurement  of  milk  shall  have  a  capacity  of  seventeen  and 
six  tenths  cubic  centimeters,  and  the  standard  pipette  for  the 
measurement  of  cream  shall  have  a  capacity  of  eighteen  grams  by 
weight.  The  standard  test  tube  or  bottle  for  milk  shall  have  a 
capacity  between  zero  and  ten  on  the  graduated  scale,  marked  on 
the  neck  thereof,  of  two  cubic  centimeters  of  mercury,  at  a  tem- 
perature of  sixty  degrees  Fahrenheit,  and  for  cream  a  capacity  of 
six  cubic  centimeters  of  mercury,  at  the  same  temperature,  between 
zero  and  thirty  on  the  scale.  Any  person  who  shall  use  any  other  Penalty 
measure  or  test  for  milk  or  cream  sold  or  purchased  at  prices  deter- 
mined by  the  proportion  of  butter  fat  contained  therein;  any  per- 
son who  shall  manufacture  or  sell  a  cream  or  milk  pipette  or  meas- 
ure which  is  not  correctly  marked  or  graduated  as  herein  provided  ; 
any  person  who  shall  use  or  employ  any  other  appliance  than  the 
Babcock  test  for  ascertaining  the  butter  fat  content  of  milk  or 
cream;  any  person  who  shall  under-read,  overread  or  otherwise 
falsify  or  manipulate  the  reading  of  such  test,  or  who  shall  falsely 
state,  certify  or  use  in  the  purchase  or  sale  of  milk  or  cream  a  mis- 
reading of  such  test,  whether  the  test  or  actual  reading  shall  have 
been  made  by  such  person  or  by  any  other  person,  shall  be  deemed 
guilty  of  a  misdemeanor. 

Terminal  points  as  designated  by  this  act  shall  mean  the  cities 
of  St.  Paul,  Minneapolis,  Duluth  and  South  St.  Paul. 

The  railroad  and  warehouse  commission,  hereinafter  designated 
"the  commission,"  shall  designate  at  convenient  places,  on  the 
several  lines  of  railway  entering  terminal  points  in  this  state,  tracks 
to  be  known  as  public  hay  tracks.  The  different  railway  com- 
panics  either  separately  or  jointly  are  hereby  required  to  provide 
suitable  tracks  to  meet  the  requirements  of  this  act.  Such  public 
hay  tracks  may  be  established  on  each  individual  line  of  railway, 
or  they  may  be  so  established  as  to  serve  for  two  or  more  railways. 

All  hay  and  straw  shipped  to  terminal  points  unless  otherwise 
directed  by  the  consignor  shall,  by  the  common  carrier  transporting 
the  same,  be  brought  to  and  delivered  at  one  or  another  of  such 
public  hay  tracks,  for  the  purpose  of  being  weighed  and  inspected 
as  hereinafter  provided. 


i*wsSupp. 

2I-  P-    47»> 


by 


Babcock  test  to 
us 


be 


Laws,  1905,  ch.  196 
Terminal  points 

ta 


Pubuc  **  tracks 


^,  at  tracks 


230 


Laws  Concerning  Weights  and  Measures 


bySLaw4s 


Sec.  s 
Track  scales 


Control      of 
weighmasters 


weighing  All  hay  and  straw  so  received  shall  be  weighed  and  inspected  by 

duly  appointed  weighers  and  inspectors  of  hay  and  straw  under 
such  rules  and  regulations  as  the  commission  shall  establish. 
[ia™,ei1^     All  hay  and  straw  so  received  shall  be  weighed  and  inspected 
'by  duly  appointed  weighers  and  inspectors  of  hay  and  straw 
under  such  rules  and  regulations  as  the  commission  shall  establish, 
empty,  no     ^11  carriers  shall  return,  free  of  switching  charge  for  weighing 
empty,  all  cars  not  reconsigned  that  have  been  weighed  loaded 
with  hay  or  straw,  to  the  scale  on  which  the  same  was  weighed,  or 
some  other  scale  under  the  charge  of  the  state,  used  for  weighing 
hay  and  straw.     Weight  on  reconsigned  cars  may  be  had  by  the 
use  of  the  weight  of  the  loaded  car  and  the  marked  stencilled 
weight  on  the  car.     Any  carrier  failing  to  comply  with  any  of  the 
provisions  of  this  act  shall  be  subjected  to  a  penalty  of  twenty-five 
dollars  ($25.00)  to  be  recovered  by  the  aggrieved  shipper. 

It  shall  be  the  duty  of  all  common  carriers  transporting  hay  to 
such  terminal  points  to  construct  and  maintain  at  such  public  hay 
tracks  as  may  be  established  by  the  commission,  suitable  track 
scales  of  such  size  and  capacity  as  the  commission  shall  direct.  If 
in  its  judgment  it  is  necessary,  the  commission  may  order  that 
such  track  scales  be  housed  in  such  a  manner  as  to  insure  accuracy. 
8tateAll  scales  at  such  hay  tracks  shall  be  under  the  control  of  state 
weighmasters  and  subject  to  inspection  by  them,  exempt  from  the 
jurisdiction  of  sealers  of  weights  and  measures.  They  shall  be 
inspected  at  the  request  of  any  person  interested  in  any  hay  or 
straw  to  be  weighed  thereon.  If  found  incorrect  the  cost  of  inspec- 
tion shall  be  paid  by  the  owner  thereof;  otherwise  by  the  person 
requesting  inspection.  No  scales  found  incorrect  shall  be  used 
until  re-examined  and  found  correct.  Provided  that  nothing  in 
this  act  shall  be  so  construed  as  to  prevent  the  use  of  such  scales 
by  the  owner  for  the  purpose  of  weighing  any  other  commodities 
in  carload  lots. 

ApYointment  of     The  Commission  shall  appoint  a  suitable  number  of  persons  to 

weighers  and  inspec-  perf orm  such  weighing  and  inspecting  of  hay  and  straw.     Such 

weighers  and  inspectors  shall  be  under  the  immediate  supervision 

of  the  chief  inspector  of  grain.     In  case  of  dissatisfaction  of  any 

Reinspecting  interested  person  with  the  official  acts  of  any  inspector  reinspect- 
ing may  be  had  upon  application  to  the  aforesaid  chief  inspector 
of  grain  or  either  of  his  deputies.  A  final  appeal  from  the  deci- 
sion of  said  chief  inspector  of  grain  or  his  deputy  inspectors  may 

Board  of  anal  review  ke  ma(je  to  the  board  of  final  review,  to  be  provided  for  by  the 
commission  under  the  rules  it  shall  establish.  The  decision  of 
such  board  of  review  shall  be  final,  provided  the  commission  may 
provide  suitable  rules  for  the  cancellation  of  any  certificate  of 
inspection  issued  upon  original  inspection;  reinspecting  or  upon 


Sec.  7 
Rules 


Sec.  8 


Oath 


Minnesota 

• 

final  review  when  it  appears  that  owing  to  the  manner  in  which 
cars  of  hay  or  straw  were  loaded  it  was  impossible  for  the  inspector 
to  obtain  a  fair  sample. 

The  commission  shall  adopt  all  necessary  rules  and  regulations 
for  the  weighing  and  inspecting  of  hay  and  straw  at  such  terminal 
points. 

In  case  any  person  or  railway  corporation  or  any  of  their  agents 
or  employes  shall  refuse  or  prevent  the  aforesaid  weighers  and  ing^wlth 
inspectors  of  hay  and  straw  from  having  free  access  to  their  scales  taspectora 
and  tracks  in  the  regular  performance  of  their  duties  as  such 
weighers  or  inspectors  of  hay  and  straw,  they  shall  forfeit  to  the 
State  of  Minnesota  the  sum  of  one  hundred  (100)  dollars  for  each 
offense,  such  penalty  or  forfeiture  to  be  paid  to  the  state  treas- 
urer for  the  benefit  of  the  hay  inspection  fund  hereinafter  created, 
and  shall  also  be  required  to  pay  all  costs  of  prosecution.  All 
weighers  and  inspectors  of  hay  and  straw  shall  take  an  oath  of 
office  the  same  as  required  of  deputy  grain  inspectors,  and  shall 
give  a  bond  to  the  State  of  Minnesota  in  the  penal  sum  of  five 
thousand  ($5,000)  dollars  with  good  and  sufficient  sureties  to  be 
approved  by  the  commission,  and  conditioned  in  like  manner  as 
the  commission  require  from  the  chief  inspector  of  grain.  The 
bonds  given  by  such  weighers  and  inspectors  of  hay  and  straw 
shall  be  filed  in  the  office  of  the  secretary  of  state  and  suit  may 
be  brought  upon  said  bond,  or  bonds,  in  any  court  having  juris- 
diction thereof  for  the  use  of  the  person  so  injured. 

The  chief  inspector  of  grain  shall  have  the  power  to  remove  any 
of  said  weighers  or  inspectors  of  hay  and  straw  at  pleasure. 

Such  weighers  and  inspectors  of  hay  and  straw  shall  be  gov- 
erned in  the  performance  of  their  duties  by  such  rules  and  regula- 
tions as  may  be  provided  by  the  commission;  the  commission 
shall  have  power  to  fix  the  rate  of  charges  for  the  weighing  and 
inspecting  of  hay  and  straw  and  the  manner  in  which  the  same 
shall  be  collected,  which  charges  shall  be  regulated  in  such  man- 
ner as  will  in  the  judgment  of  the  commission  produce  sufficient 
revenue  to  meet  the  necessary  expenses  of  the  weighing  and 
inspecting  service,  and  no  more;  the  commission  shall  fix  the 
amount  of  compensation  to  be  paid  to  the  weighers  and  inspectors 
of  hay  and  'straw  and  prescribe  the  time  and  manner  of  payment 
thereof,  which  compensation  shall  be  paid  out  of  a  hay  inspection 
fund,  hereinafter  created,  on  the  order  of  the  commission. 

No  weigher  nor  inspector  of  hay  or  straw  nor  any  of  the  sureties 
on  their  bond,  or  bonds  as  the  case  may  be,  shall  during  his  term 
of  service  be  in  any  way  interested  in  the  handling,  storing,  ship- 
ping, purchasing  or  selling  of  hay  or  straw,  or  any  of  their  prod- 


231 


See.  9 

Removal  of  weighers 


Sec.  10 

Fee 

Compensation 


Sec.  ii 
Bonds 


232  Laws  Concerning  Weights  and  Measures 

ucts,  nor  in  the  employment  of  any  person  or  corporation  engaged 
therein,  nor  shall  they  be  members  of  any  board  of  trade  or 
organization  of  like  character. 

Removal  oi  weighers  Upon  complaint  in  writing  of  any  person  to  the  commission, 
supported  by  reasonable  and  satisfactory  proof  that  any  weigher 
or  inspector  of  hay  and  straw  has  violated  any  of  the  rules  pre- 
scribed for  his  government,  or  has  been  guilty  of  any  improper 
official  act,  or  has  been  found  inefficient  or  incompetent  for  the 
duties  of  this  position,  such  person  shall  be  by  the  commission 
immediately  removed  from  office. 

for  imper-     Any  person  not  duly  appointed  and  qualified,  who  shall  assume 
^o  act  as  a  weigher  or  inspector  of  hay  and  straw,  shall  be  guilty 
of  a  misdemeanor  and  be  punished  by  a  fine  of  not  less  than  fifty 
($50)  nor  more  than  one  hundred  ($100)  dollars, 
pena'ity  for  neglect     Any  duly  authorized  weigher  or  inspector  of  hay  and  straw  who 

and  bribery  shall  be  guilty  of  any  neglect  of  duty  or  who  shall  knowingly  or  care- 

lessly weigh  or  inspect  any  hay  or  straw  improperly,  or  who  shall 
accept  any  money  or  other  consideration,  directly  or  indirectly,  for 
any  neglect  of  duty  or  any  improper  performance  of  duty  as  such 
weigher  or  inspector  of  hay  and  straw,  or  any  person  who  shall 
improperly  influence  or  attempt  to  influence  any  weigher  or 
inspector  of  hay  and  straw  in  the  performance  of  his  duties  as  such 
weigher  or  inspector,  as  the  case  may  be,  shall  be  deemed  guilty 
of  a  misdemeanor  and  on  conviction  thereof  shall  be  fined  not  less 
than  one  hundred  ($100)  dollars  nor  more  than  one  thousand 
($1,000)  dollars  or  shall  be  imprisoned  in  the  county  jail  not  less 
than  thirty  (30)  days  nor  more  than  one  year,  or  both,  in  the 
discretion  of  the  court, 
weighers  to  keep  rec-  All  weighers  of  hay  and  straw  provided  for  by  this  act  shall  be 

"d  required  to  make  true  weights  under  the  penalties  hereinbefore 

provided,  and  in  addition  thereto  shall  keep  a  correct  record  of  all 
weighing  done  by  them  at  the  hay  tracks  where  they  are  stationed, 
in  which  record  shall  be  entered  an  accurate  account  of  all  hay, 
straw,  or  other  property  weighed,  or  the  weighing  of  which  was 
supervised  by  them  or  their  assistants,  giving  the  amount  of  each 
weight,  the  number  of  the  car  or  cars  weighed,  if  any,  the  initial 
letter  of  said  car  or  cars  weighed,  where  weighed,  date  of  weighing 
and  contents  of  car. 

certificates  Said  weighers  and  inspectors  of  hay  and  straw  shall  give  upon 

request  of  any  person  interested  certificates  under  their  hand  and 
seal  showing  the  amount  of  each  weight,  or  if  inspected,  the  grade, 
number  of  car  or  cars  weighed  or  inspected,  if  any,  the  initial  of 
said  car  or  cars,  hay  yard  where  weighed  or  inspected,  date  of 
weighing  or  inspecting  and  contents  of  car,  provided  that  such 
certificate  of  weights  shall  be  admitted  in  all  actions  either  at  law 


Minnesota  233 

or  in  equity  as  prima  facie  evidence  of  the  facts  therein  con- 
tained, but  the  effect  of  such  evidence  may  be  rebutted  by  other 
competent  testimony. 

It  shall  be  the  duty  of  the  commission  to  assume  and  exercise  a 
constant  supervision  over  the  hay  and  straw  interests  of  this  state ; 
to  supervise  the  handling,  weighing,  inspecting  and  storage  of  hay 
and  straw;  to  establish  all  necessary  rules  and  regulations  for  the 
weighing,  grading,  inspecting  and  reinspecting  of  hay  and  straw, 
and  for  the  management  of  all  public  hay  tracks  at  terminal  points 
in  this  state  as  far  as  such  rules  and  regulations  may  be  necessary  to 
enforce  the  provisions  of  this  act,  or  any  law  in  this  state  in  regard 
to  the  same;  to  investigate  all  complaints  of  fraud  or  oppression 
in  the  hay  and  straw  trade,  and  to  correct  the  same  as  far  as  may 
be  in  their  power. 


MISSISSIPPI 


The  standards  established  by  congress  are  the  standards  of  pc^'  I9o6>  ch-  ISO> 
weights  and  measures  in  this  state;  and  a  fac-simile  of  each  is  de-    s*c-5°6s,as amended 
posited  with  the  secretary  of  state,  as  well  as  at  each  of  the  state   standkraTot  weights 
institutions  of  learning.     The  secretary  of  state  and  the  proctors ^ 
of  those  institutions  are  authorized  to  conform  and  seal  all  weights 
and  measures  brought  to  them,  and  to  receive  the  fees  allowed 
therefor.     And  on  all  sales  by  weight  of  the  agricultural  products 
hereinafter  named,  the  number  of  pounds  per  bushel  as  stated  in 
the  following  schedule,  shall  be  the  true  and  legal  standard,  viz : l 


Pounds. 

Wheat per  bushel . .  60 

Corn  in  the  ear do ....  72 

Corn  shelled do. ...  56 

Cotton  seed  2 32 

Rye per  bushel . .  56 

Buckwheat do ....  48 

Barley do. ...  48 

Oats do. ...  32 

Peas do ....  60 

White  beans do ....  60 

Castor  beans do ....  46 

Irish  potatoes do ....  60 

Sweet  potatoes do ....  60 

Onions do. ...  57 

Turnips do. ...  55 

Dried  peaches do. ...  33 

Dried  apples do. ...  26 

Clover  seed do. ...  60 

Flax  seed do ....  56 

Millet  seed. .                            .  .do. .  «> 


Timothy  seed per  bushel . 

Blue  grass  seed do. 

Hemp  seed do . 

Salt do. 

Corn  meal. .  ..do. 


Pounds,     standard    weight   of 


45 
14 
44 
5° 

48 


bushel 


Ground  peas do. ...  24 

Malt do 38 

Bran do ....  20 

Stone  coal do ....  80 

Lime,  unslacked do.  ...  80 

Sorghum  seed do ....  42 

Corn  meal,  bolted do.  ...  44 

Corn  meal,  unbolted do. ...  48 

Flour  in  barrels net. .  196 

Flour  in  one-half  barrels do ....  98 

Flour  in  one-fourth  barrel  sacks 

net 48 

Flour  in  one-eighth  barrel  sacks 

net 24 

Meal  in  barrels. ..  ..net..  200 


Hungarian  grass  seed ...."...  .do. ...     50 

All  contracts  for  work  or  labor  done,  or  anything  to  be  sold  and 
delivered,  will  be  construed  to  have  been  made  according  to  the 
standards,  unless  the  parties  stipulate  to  the  contrary. 

The  board  of  supervisors  of  every  county,  and  the  mayor  and 
board  of  aldermen  of  every  city,  may  procure  the  standards  of 
weights  and  measures  duly  sealed  by  the  secretary  of  state  or  some 
proctor,  and  consisting  of  one  weight  of  fifty  pounds,  one  of  twenty- 
five  pounds,  one  of  fourteen  pounds  and  one  of  seven  pounds;  two 

i  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  these  articles. 
'  See  also  section  5070. 

235 


{or  Countle8 


236  Laws  Concerning  Weights  and  Measures 

of  four  pounds,  two  of  two  pounds,  and  two  of  one  pound,  avoir- 
dupois; one  measure  of  one  yard,  and  one  of  one  foot,  cloth  meas- 
ure; one  measure  of  half  a  bushel,  one  of  one  peck,  and  one  of  one- 
half  peck,  dry  measure;  one  measure  of  one  gallon,  one  of  one-half 
gallon,  one  of  one  quart,  one  of  one  pint,  and  one  of  one  gill,  wine 
measure. 

inespescfo8rofProvisions     The  inspector  of  provisions  appointed  for  the  county  or  city 

to  be  keeper  of  stand-  shall  be  the  keeper  of  the  standards  of  weights  and  measures,  and 

shall  seal  by  such  standards  all  measures  brought  to  him;  but  if 

there  be  no  such  officer,  the  clerk  of  the  circuit  court  and  the 

clerk  of  the  city  shall  be  respectively  keepers  of  the  standards  for 

sealing  and  fees  the  county  and  city,  and  shall  seal  weights  and  measures  brought 
to  them,  and  receive  the  fees  allowed. 

sec.  5069  The  boards  of  supervisors  and  mayors  and  boards  of  aldermen 

Stamps    for    sealing    .,,,  ,  •       ,  -1,1  ..  1  j          SA*_  __*•   « 

measures  shall  respectively  provide  the  proper  stamps  or  brands  with  which 

to  seal  weights  and  measures. 
lotion0 seed  Unless  otherwise  agreed  upon,  a  bushel  of  cotton-seed  shall  be 

thirty-two  pounds  avoirdupois. 
Se?us°7u  A>* aTs  en"     The  standard  weight  of  coal  shall  and  is  hereby  established  at 

acted  by  ch.  206,  Laws,  J.-L  i_         j       j     /          s 

1908,  p.  212  two  thousand  (2000)  pounds  to  the  ton,  or  two  hundred  (200) 

BOX  or  barrel  oi  pounds  to  the  box  or  barrel,  and  unless  otherwise  agreed  upon, 
coal  shall  be  sold  by  the  ton  of  two  thousand  pounds,  or  the  box 
or  barrel  of  two  hundred  pounds. 

Measure  of  charcoal     Unless  otherwise  agreed  upon,  charcoal  shall  be  sold  by  measure, 
and  the  measure  of  charcoal  shall  be  a  barrel  of  the  capacity  of 
three  and  one-quarter  bushels. 
Measure  of  saw  logs,     The  table  known  as  "Scribner's  Lumber  and  Log  book  by 

rtc'  Doyle's  Rule  "  is  the  standard  rule  of  measurement  by  which  saw- 

logs  and  square  timber  shall  be  measured.  The  use  of  any  other 
rule  of  measurement  is  unlawful;  and  any  person  who  shall  use 
any  other  rule  which  gives  a  less  number  of  feet  in  a  given  log, 
shall  be  guilty  of  a  misdemeanor,  and  punished  accordingly,  and 
be  liable  to  any  person  injured  for  triple  damages. 
Deaiers3to  have  none  When  the  county  or  city  is  supplied  with  the  standards  of 

but  sealed  measures  weights  and  measures,  every  dealer  therein  shall  have  none  but 
sealed  weights  and  measures,  and  the  weights  shall  be  so  sealed 
as  that  the  removal  of  any  part  of  the  filling  will  destroy  or 
deface  the  seal ;  and  every  dealer  having,  in  such  case,  any  weight 
or  measure  which  has  not  been  duly  sealed,  shall  be  guilty  of  a 
misdemeanor,  and  shall,  moreover,  forfeit  ten  dollars  for  every 
day  he  may  have  any  unsealed  weight  or  measure, 
sprung  by  false  If  anv  person  shall  sell  anything  by  any  false  weight  or  measure, 

weights  or  measures  whereby  another  shall  be  cheated;  or  if  any  person  shall  sell  any 
light-weight  loaf  or  package,  calling  the  same  a  pound  or  other 
quantity,  or  if  any  person  shall  sell  any  under-capacity  bottle  or 


Mississippi  237 

other  vessel,  calling  it  a  pint,  quart,  or  other  quantity,  he  shall  be 
guilty  of  a  misdemeanor  and  fined  not  less  than  ten  dollars,  and 
imprisoned  not  less  than  ten  days. 

The  correct  name  and  the  true  net  weight  of  the  contents  of  each  lwdspasckagea  to  be 
and  every  hogshead,  barrel,  box,  cask,  bale,  sack  or  package  oftabeled 
flour,  corn  meal,  cotton-seed  meal  and  of  any  and  all  other  kinds 
of  feeding  stuff  made  from  cereals  of  any  kind,  whether '  pure, 
mixed  or  adulterated,  and  whether  sold  in  single  packages  or  lots, 
shall  be  plainly  marked,  branded  or  stenciled  in  large  legible  let- 
ters and  figures,  upon  the  exterior  of  such  hogsheads,  barrel,  box, 
cask,  bale  or  package,  and  it  shall  be  unlawful  for  any  person, 
firm  or  corporation  or  the  agent,  employe  or  representative  of 
any  person,  firm  or  corporation  to  sell  or  exchange  or  offer  for 
sale  or  exchange  any  of  such  mill  products,  so  packed  or  con- 
tained, until  the  provisions  hereof  have  been  complied  with. 

If  any  person  shall  violate  the  provisions  of  the  two  preceding   fj^gg7 
sections  he  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on 
conviction  thereof,  shall  be  fined  in  the  sum  of  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars. 

The  powers  hereby  granted  shall  be  exercised  by  the  mayor   code.  1906,  ch. » 
and  board  of  aldermen  of  the  respective  cities,  towns,  and  villages,    Powers;  tow  exer- 
as  hereinafter  set  forth: 

(Ninth).  To  prescribe  rules  for  the  weighing  and  measurement   weight, measuring 
of  every  commodity  sold  in  the  municipality,  in  all  cases  not and  "spe^s: 
otherwise  provided  by  law,  and  provide  for  the  measuring  of 
wood  and  fuel  and  the  weighing  of  coal  and  determine  the  place  or 
places  for  the  sale  of  the  same,  and  fix  the  fees  and  duties  of  the 
person  authorized  to  perform  the  duties  herein  named;  and  to 
provide  for  the  inspection  and  condemnation  of  coal-oil,  gasoline, 
naphtha,  and  all  other  inflammable  and  combustible  oils,  fluids, 
or  gases  used  for  heating  or  lighting  purposes,  when  the  same 
shall  not  be  of  the  quality  and  standard  prescribed  by  ordinance. 

If  any  purchaser  or  weigher  of  cotton  shall  deduct  from  the  47Code>  I9°6>  ch>  a8>  p- 
true  weight  of  any  bale  or  package  thereof  any  amount  whatever,    Sec  x  <* 
as  scalage,  with  intent  to  diminish  the  sum  to  be  paid  or  credited 
to  the  seller,  he  shall  be  guilty  of  a  misdemeanor,  and,  on  convic- 
tion, shall  be  fined  not  less  than  ten  dollars  nor  more  than  twenty. 

If  any  purchaser  of  cotton  shall  fail  to  account  to  the  seller  for 
the  actual  weight  of  the  cotton  bought,  except  where  the  amount 
of  the  deduction  is  agreed  upon  between  them,  or  adjudged  by  a 
disinterested  person  for  them,  he  shall  be  guilty  of  a  misdemeanor, 
and,  on  conviction,  shall  be  punished  as  prescribed  in  the  last 
<;prtion  £ode>  I9o6>  ch-  97 

fcCCLlUll.  Sec.  3296 

Every  owner  or  occupier  of  a  mill  grinding  for  toll  shall  keep    Miners  to  keep  sealed 

j  AI  •  i    j  f  t      IP  i        11  1  ..^measures   and  toll 

and  use  therein  sealed  measures  of  half -bushel  and  peck,  and  a  dishes 


238  Laws  Concerning  Weights  and  Measures 

sealed  toll  dish,  and  shall  measure  all  grain  by  strike  measure, 
under  penalty  of  paying  five  dollars  for  every  such  failure,  recov- 
erable, with  costs,  before  a  justice  of  the  peace,  to  the  use  of  the 
informer;  but  this  shall  not  apply  to  plantation  mills. 

code,  1906.  ch.  103         That  a  standard  measure  for  oysters  is  hereby  established, 
Indira  measure  tor  which  said  measure  shall  consist  of  a  tub  or  other  round  vessel  of 
oysters  the  following  dimensions,   to   wit:  It   shall   measure   seventeen 

inches  in  diameter  inside  at  the  bottom  and  twenty-one  and  one- 
half  inches  inside  at  the  top,  and  fourteen  and  one-half  inches 
inside  from  bottom  to  top,  the  unit  of  such  tub  or  measure  to  be 
in  the  shape  of  inverted  frustum  of  a  cone.  Two  of  these  meas- 
ures filled  to  the  top  shall  make  one  barrel,  and  all  oysters  bought 
or  sold  in  this  state  in  the  shell  shall  be  measured  in  a  measure  of 
this  dimension  or  measure  holding  a  fraction  or  multiple  thereof, 
and  it  shall  be  unlawful  for  any  person  to  have  in  his  possession 
any  measure  for  oysters  in  the  shell  which  shall  differ  in  size  from 
the  measure  herein  provided  for,  or  to  demand  or  require  a  greater 
or  less  measure  in  buying  or  selling;  and  no  vessel  or  measure 
shall  be  used  in  buying  or  selling  oysters  until  it  has  been  meas- 
ured and  stamped  by  the  oyster  inspector  with  a  metal  tag  or 
stamp,  showing  the  quantity  of  oysters  such  measure  will  hold. 
It  shall  be  the  duty  of  the  oyster  inspector  to  make  such  measure- 
ments and  to  visit  for  that  purpose  each  place  where  oysters  are 
bought  and  sold  as  required,  not  to  exceed  once  in  each  month 
during  the  canning  season,  and  shall  keep  a  book  in  which  shall 
be  recorded  the  dimensions  of  all  vessels  so  measured.  And  for 
each  stamp  the  chief  inspector  shall  receive  the  sum  of  twenty- 
five  cents  from  the  person,  persons  or  corporation  to  whom  it  is 
issued.  The  chief  inspector  shall  keep  a  book  to  be  known  as  the 
"oyster  measure  record,"  in  which  he  shall  register  the  names  of 
each  person,  firm  or  corporation  to  whom  he  has  issued  such 
stamp  and  the  date  of  issuance ;  and  said  record  shall  be  open  for 
the  inspection  of  the  public  during  business  hours;  and  for  every 
false  or  fraudulent  issuance  of  said  stamp  or  for  every  stamp 
issued  without  a  record  thereof  being  kept,  in  the  "  oyster  measure 
record,"  the  chief  inspector  shall  be  guilty  of  a  misdemeanor  and 
shall,  on  conviction,  be  fined  the  sum  of  fifty  dollars,  one-half  of 
which  shall  be  paid  to  the  person  or  persons  informing  on  the 
chief  inspector. 

Laws,  1908.  ch.  107,     That  all  persons,  manufacturers,  companies,  dealers,  or  agents, 
p  s£c.  s  before  selling  or  offering  for  sale  for  use  in  this  state,  any  commer- 

sttfffsc  be"gteos  marked"  cial  feeding  stuff,  shall  attach  to  each  bag,  barrel  or  other  package, 
with  net  weights        the  name  of  the  feeding  stuff,  if  any,  the  net  weight  of  the  pack- 
age, the  name  and  address  of  the  manufacturer.     *    *    * 


Mississippi 


239 


That  the  jurisdiction  of  cotton  weigher  of  the  town  of  Pontotoc  in  p  *£ws-  I906-  ch-  2ia- 
Pontotoc  County  (which  office  is  created  by  Chapter  35 1  of  the  Sheet   sec- r 

f      nnr.\  i  j    ,1  -1          i  i     j  ,  Cotton    weigher    of 

Acts  of  1888)  be,  and  the  same  is  hereby,  extended  so  as  to  be  co-  Pontotoc  county  to  be 
extensive  with  the  County.     The  said  cotton  weigher  shall  hold  his  elDuties  oi 
office  until  the  next  general  county  election,  to  be  held  in  the  year 
1907,  and  until  his  successor  has  been  elected  and  qualified,  and 
his  successor  shall  be  elected  at  the  same  time,  and  for  the  same  term 
as  other  county  officers.     The  Board  of  Supervisors  of  said  county 
are  hereby   authorized   and   empowered  to   require  the  cotton 
weigher  of  said  county,  by  an  order  duly  entered  on  their  minutes, 
to  appoint  a  sufficient  number  of  deputies  and  to  station  one  at 
each  cotton  market  place  in  said  county  to  weigh  all  cotton  sold  at 
such  place  as  in  their  discretion  is  proper  to  meet  the  public  de- 
mand.    The  fee  of  each  cotton  weigher  shall  be  ten  cents  for  each    Feet 
bale  of  lint  cotton  weighed  by  him,  but  he  shall  be  entitled  to  no 
compensation  from  parties  who  may  decline  to  have  him  weigh 
their  cotton. 

That  the  office  of  Cotton  Weigher  for  Smith  county,  in  said  p  ^ws-  l**>  <*•  "8- 
state,  is  hereby  created,  which  shall  be  filled  at  an  election  to  be   gee.  i 

1     u  •  '  i  L  .LI  i     i      .L-  o    -j     i       .L-  t_        To  create  the  office  of 

held  in  said  county  at  the  next  general  election.  Said  election  to  be  cotton  weigher  for 
held  in  compliance  with  the  general  election  laws  of  this  state.  The 
said  cotton  weigher,  when  elected,  shall  enter  upon  the  discharge 
of  the  duties  of  said  office  on  the  first  Monday  in  September  after 
his  election,  and  shall  hold  his  office  until  the  first  Monday  of  Janu- 
ary, 1912,  and  until  his  successor  is  elected  and  qualified.  The 
successors  of  said  officer  shall  have  the  same  qualifications  and  be 
elected  at  the  same  time  and  in  the  same  manner,  and  shall  hold 
their  office  for  the  same  term  as  the  other  county  officers  of  said 
county.  Before  entering  upon  the  discharge  of  his  duties,  said 
cotton  weigher  shall  take  the  oath  prescribed  by  section  268  of  the 
Constitution  of  this  state,  and  shall  enter  into  bond  with  two  or 
more  sureties  in  the  sum  of  five  hundred  dollars  ($500),  condi- 
tioned for  the  faithful  discharge  of  the  duties  of  said  office,  without 
fraud  or  favor  or  partiality.  Said  bond  to  be  approved  by  the 
board  of  supervisors  of  said  county;  but  the  governor  is  hereby 
authorized  and  empowered  to  appoint  a  cotton  weigher  for  Smith 
county  to  serve  until  his  successor  is  duly  elected  and  qualified. 
The  said  appointee  to  take  the  oath  and  give  the  bond  above  pre- 
scribed before  entering  upon  his  duties. 

That  said  cotton  weigher  is  hereby  empowered  to  appoint  as 
many  deputies  as  he  may  deem  necessary,  who  are  authorized  to 
act  as  his  deputies  at  any  place  in  said  county  where  cotton  is  to  be 
weighed. 

It  shall  be  the  duty  of  said  cotton  weigher  to  weigh  all  cotton 
sold  in  or  shipped  from  any  village,  town  or  city  in  said  county,  and 


Sec.  3 
Deputies 


Sec.  3 

Fee  for  weighing. 


240  Laws  Concerning  Weights  and  Measures 

he  shall  be  entitled  to  receive  as  compensation  ten  (10)  cents  for 
each  bale  of  cotton  weighed  by  him,  to  be  paid  by  the  seller.     But 
it  shall  be  optional  with  the  owners  of  cotton  as  to  whether  said, 
owners  shall  have  their  cotton  weighed  by  said  public  weigher, 
sec.  A  It  shall  be  the  duty  of  said  cotton  weigher  to  make  all  proper 

Deductions    for   wet  '     «  ,  °  .    ,       ,    ,  . 

or  damaged  cotton  deductions  for  wet  or  damaged  cotton  weighed  by  him,  and  he 
shall  give  to  the  seller  a  certificate  showing  the  number  and  net 
weight  of  each  bale  of  cotton  weighed  by  him. 

^  Laws,  1906.  ch.  2*7.     That  the  office  of  cotton  weigher  for  Winston  County,  in  said 
f  oc'create  the  office  State  [Mississippi],  is  hereby  created,  which  shall  be  filled  in  the  same 

winstonncomugher  ia  manner  and  at  the  same  election  of  1907  as  the  other  county  officers 
[offices]  are  filled.  The  said  cotton  weigher,  when  elected,  shall  enter 
upon  the  discharge  of  the  duties  of  said  office,  on  the  first  Monday 
of  January  after  his  election,  and  shall  hold  his  office  until  the  first 
Monday  of  January,  1912,  and  until  his  successor  is  elected  and 
qualified.  The  successors  of  said  officer  shall  have  the  same  quali- 
fications and  be  elected  at  the  same  time  and  in  the  same  manner 
and  shall  hold  their  office  for  the  same  term  as  the  other  county 
officers  of  said  county.  Before  entering  upon  the  discharge  of  his 
duties  said  cotton  weigher  shall  take  the  oath  prescribed  by  section 
two  hundred  and  sixty-eight  of  the  constitution  of  this  State,  and 
shall  enter  into  bond,  with  two  or  more  sureties,  in  the  sum  of 
$1.000,  conditioned  for  the  faithful  discharge  of  the  duties  of  said 
office,  without  fraud  or  favor  or  partiality,  said  bond  to  be  approved 
by  the  board  of  supervisors  of  said  county, 
cotton  weigher  may  That  said  cotton  weigher  is  hereby  empowered  to  appoint  as 

appoint  deputies  many  deputies  as  he  may  deem  necessary,  who  are  authorized  to 
act  as  his  deputies  at  any  place  in  said  county  where  cotton  is  to 
be  weighed. 

It  shall  be  the  duty  of  said  cotton  weigher  to  weigh  all  cotton  sold 
in  or  shipped  from  any  village,  town  or  city  in  said  county,  and  he 
shall  be  entitled  to  receive  as  compensation  ten  cents  for  each  bale 
of  cotton  weighed  by  him,  or  deputies,  to  be  paid  by  the  seller. 
Nothing  herein  contained  shall  be  so  construed  as  to  prevent  any- 
one from  withholding  his  cotton  from  said  cotton  weigher,  and  said 
cotton  weigher  shall  not  be  entitled  to  fees  on  cotton  not  weighed 
by  him. 

Deduction  for  wet  It  shall  be  the  duty  of  said  cotton  weigher  to  make  all  proper 
deduction  for  wet  or  damaged  cotton  weighed  by  him,  and  he  shall 
give  to  the  seller  a  certificate  showing  the  number,  net  and  gross 
weight  of  each  bale  of  cotton  weighed  by  him. 


MISSOURI 


Weight 


The  clerk  of  each  county  court  shall  provide,  at  the  expense 3  dT^^Y^9- vo1' 
of  the  county,  one  measure  of  one  foot,  or  twelve  inches,  English  '$?c-  "K  ', 

-   , ,  -  '     i  .    ,  ,        '  Z;    °       ,       County  clerk  to  pro- 

measure;  one  measure  of  three  feet,  or  thirty-six  inches,  English  «ire  weights  and  meas- 
measure,  denominated  one  yard;  one  half  bushel  measure,  which  ^Length 
shall   contain    one   thousand    seventy-five    and    one-fifth   cubic   CapacUy 
inches,   denominated  dry  measure;  one  gallon  measure,  which 
shall  contain  two  hundred  and  thirty-one  cubic  inches;  one  half- 
gallon  measure,   which  shall  contain  one  hundred  and  fifteen 
and  one-half  cubic  inches;  one  quart  measure,  which  shall  contain 
fifty-seven    and    three-fourths   cubic  inches.     Also,   one  set   of 
weights,  called  avoirdupois  weights,  and  one  seal,  with  initials 
of  the  county  inscribed  thereon;  which  measures,  weights  and  seal 
shall  be  kept  by  the  clerk  of  the  county  court  of  each  county. 

So  soon  as  the  weights  and  measures  are  provided,  the  clerks  Notice196* 
of  the  county  courts  shall  cause  notice  thereof  to  be  given  at  the 
court-house  door,  for  two  months;  and  any  person  who  shall 
knowingly  keep  any  measures  or  weights,  and  buy  or  sell  any  com- 
modity whatsoever  by  such  weights  or  measures  as  shall  not 
correspond  with  the  weights  and  measures  deposited  in  the 
clerk's  office,  shall,  for  every  such  offence,  forfeit  and  pay  to  the 
party  injured  ten  dollars,  to  be  recovered  by  civil  action  before 
any  justice  of  the  peace  of  the  county. 

Clerks  of  the  county  court  shall,  with  the  seal  aforesaid,  seal   llaitag63 
all  weights  and  measures  presented  to  them  for  that  purpose, 
that  correspond  with  the  county  standard. 

The   hundredweight   shall   consist    of    one    hundred    pounds   TonII? 
avoirdupois,  and  twenty  such  hundreds  shall  constitute  a  ton. 

Whenever  the  articles  hereinafter  named  shall  be  sold  by  the   i^gaY^eights  of 
bushel,  and  no  special  agreement  as  to  the  measurement  or  weights  £|£hel  of  variou8  Prod- 
thereof  shall  be  made  by  the  parties,  the  bushel  shall  consist  of 
the  following  number  of  pounds,  viz. : 1 


Wheat  

I,bs.  per  bush. 
60 

Shelled  corn  

Lbs.  per  bush. 

$6 

Beans  

60 

Flax  seed  

56 

Clover-seed  

60 

Unshelled  corn  

7O 

Irish  potatoes  

60 

Barley  

48 

Peas  

60 

Oats  

72 

Split  peas  

60 

Bran  

20 

Rye.  .. 

56 

Onions  

">7 

1  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  these  articles. 

8578°— 12 16 


241 


242 


Laws  Concerning  Weights  and  Measures 


Lbs.  per  bush. 

Corn-meal  

5° 

Millet  

5° 

Green  peas,  unshelled  .  .  . 

56 

Green  beans,  unshelled  .  . 

56 

Apples  

48 

Peaches  

48 

Pears  

48 

Hungarian  grass  seeds  

48 

Malt  

38 

Top-onions  sets  

28 

Red-top  seed  

14 

Orchard  grass  seed  

14 

Sorghum  seed  

42 

Osage  orange  seed  

36 

Cucumbers  

48 

Tomatoes  

45 

Lbs.  per  bush. 

Dried  peaches 33 

Dried  apples 24 

Buckwheat 52 

Castor  beans 46 

Hemp-seed 44 

Blue-grass  seed 14 

Timothy-seed 45 

Cotton  seed 33 

Salt 50 

Mineral  coal 80 

Coke 1  2,  680 

Charcoal .  .  .  i 1  2,  680 

Sweet  potatoes 56 

Parsnips 44 

Common  turnips 42 

Carrots 50 

Rutabagas 50 

And  whenever  apples  shall  be  sold  by  the  barrel  and  no  special 
agreement  is  made  as  to  the  size  of  the  barrel  by  the  parties,  the 
size  shall  be  as  follows:  Length  of  barrel,  twenty-eight  and  one- 
half  inches,  with  chines  of  three  quarters  of  an  inch  at  the  ends; 
the  diameter  of  the  heads  shall  be  seventeen  and  one-quarter 
inches,  and  the  diameter  of  the  center  of  the  barrel  inside  shall  be 
twenty  and  one-half  inches. 

All  plank  and  sawed  timbers  and  lumber  shall,  unless  other- 
wise agreed  by  special  contract,  be  sold  by  board  measure. 

A  barrel  of  flour  shall  consist  of  196  pounds  net;  a  sack  of  flour 
shall  consist  of  98  pounds  net;  a  half  sack  of  flour  shall  consist  of 
48  pounds  net;  a  quarter  sack  of  flour  shall  consist  of  24  pounds 
net;  no  manufacturer  or  dealer  in  flour  shall  sell  flour  in  barrels, 
sacks,  half  sacks,  or  quarter  sacks  containing  a  less  amount  of 
flour  than  the  amounts  above  specified.  Before  any  barrel,  sack, 
half  sack  or  quarter  sack  of  flour  shall  be  sold,  the  number  of 
pounds  therein  contained  shall  be  plainly  labeled  or  stamped 
thereon.  Any  person  who  shall  sell  any  package  of  flour  which 
shall  be  stamped  or  labeled  with  a  greater  number  of  pound[s],  net 
than  such  package  actually  contains,  or  who  shall  put  up  or  sell 
flour  in  any  manner  contrary  to  the  provisions  of  this  section, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  fined  in  a  sum  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars. 

Iraultahfnt  weighing     Any  Person  or  persons  who  keep  any  public  or  private  scales 
of  ore  and  weigh  for  themselves  or  others,  mineral,  lead,  zinc,  coal  and 

other  ores,  who  knowingly  take  more  than  ten  hundred  pounds 
for  one  thousand  or  more  than  twenty  hundred  pounds  avoirdu- 
pois for  one  ton,  or  fail  to  correctly  balance  his  or  their  scales 
before  weighing,  or  shall  fail  or  neglect  to  account  for  each  frac- 
tional part  of  a  thousand  or  ton,  as  the  case  may  be,  in  weighing 


Sec.  11966 
Timber 

Sec.  11967 

Flour,  weight  of  bar 
rel,  sack 


1  Cubic  inches  per  bushel. 


Missouri  243 

any  of  the  ores  herein  named,  which  ores  are  bought  and  sold  by 
the  thousand  or  ton,  shall,  for  every  such  offense,  forfeit  and  pay 
to  the  party  injured  a  sum  not  less  than  twenty  dollars  nor  more 
than  fifty  dollars,  to  be  recovered  by  civil  action  before  any 
justice  of  the  peace  in  the  county. 

Every  sale  of  grain,  seed,  hay  or  coal  shall  be  made  on  the  basis   Scc  It^w) 
of  actual  weight  thereof,  and  any  purchaser  of  grain,  seed,  hay  or.  saie'o? grain, etc.,  to 

<°  <.     j      ,  '  ,     r  '.    ,  J.  be    made    by    actual 

coal,  who  shall  deduct  any  amount  from  the  actual  weight  or  weight 

measure  thereof,  under  claim  of  right  to  do  so  by  reason  of  any 

custom  or  rule  of  a  board  of  trade  or  any  pretense  whatsoever, 

shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  subject  to  .  Penalty  for  deduc- 

a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred 

dollars  for  each  and  every  offense. 

No  agent  or  broker  selling  any  grain,  seed,  hay  or  coal  shall   Xuthorit7y°of  agent  and 
have  authority,  under  claim  of  right  to  do  so  by  reason  of  any  e>trcoker>  selling  grain> 
custom  or  rule  of  a  board  of  trade,  to  sell  any  grain,  seed,  hay 
or  coal  only  on  the  basis  of  the  actual  weight  thereof,  and  any  con- 
tract of  sale  of  any  grain,  seed,  hay  or  coal  made  in  violation  of 
sections  11969  and  11970  of  this  article  shall  be  null  and  void. 

The  council  may  prescribe  rules  and  provide  methods  by  ordi-  3  ^hV84start'  2*^'  79°!i 
nance  for  the  inspection,  weighing  and  measuring  of  any  com-    Sec  g<fw) 
modity  sold  in  the  city  in  all  cases  not  otherwise  provided  for  by    inspection,  weighing, 
law,  and  may  provide  for  the  selling,  weighing  and  inspecting  of e' 
meats,  poultry  and  vegetables,  of  butter,  lard  and  other  pro- 
visions and  articles  of  food;  and  may  provide  for  the  inspecting 
and  measuring  of  wood,  coal  and  fuel,  lumber,  shingles,  timber 
and  all  kinds  of  building  material,  and  shall  have  power  to  appoint 
inspectors   and   measurers;  and   may   make   provisions   for  the 
inspection  of  steam  boilers,  and  all  steam  heating  apparatus,  and 
to  license  engineers  using  steam  boilers  in  the  city,  and  may  regu- 
late the  place  or  places  where  hay,  lime,  lumber,  timber,  wood, 
coal  and  all  kinds  of  fuel  shall  be  exposed  for  sale,  and  fix  the  fees 
of  the  person  or  persons  appointed  to  perform  the  duties  named  in 
this  section. 

*    *    *     All  scales  used  for  the  weighing  of  property  in  public  2(^v^t2'J21f9-vo1- 
warehouses  or  public  elevators  shall  be  subject  to  examination  and    Sec(6^  Ip<v) 
test  by  any  duly  authorized  state  scale  inspector,  and  no  scales   warehouse  scales 
shall  be  used  for  the  weighing  of  grain  after  being  found  incorrect 
until  put  in  order  and  found  accurate  and  approved  for  further 
use  by  an  authorized  state  scale  inspector. 

A  violation  of  any  of  the  preceding  provisions  of  this  article,    violation  of  preceding 
except  in  cases  covered  by  sections  6778,  6792  and  6797,  by  any  section-penalty 
warehouseman,  elevatorman,  owner,  lessee,  manager  or  employe 
of  public  warehouses   or   elevators,   created  by  this  article,    is 
declared  a  misdemeanor,  and  upon  conviction  thereof,  the  violator 


244  Laws  Concerning  Weights  and  Measures 

shall  be  fined  not  less  than  one  thousand  nor  more  than  five 
thousand  dollars,  one-fourth  of  such  fine  to  be  awarded  and  paid 
to  the  informer  of  such  misdemeanor, 
welders,  duties  of,      The   board   of   railroad   and   warehouse   commissioners   shall 

etc-  appoint  suitable  persons  to  act  as  weighmasters  at  such  places  in 

this  state  where  state  grain  inspection  and  weighing  may  be  estab- 
lished in  conformity  with  the  provisions  of  this  article;  said 
weighmasters  shall,  at  the  places  aforesaid,  supervise  the  weighing 
of  all  grain  which  may  be  subject  to  inspection  and  weighing,  and 
at  all  warehouses  or  elevators  where  there  are  no  such  scales  as 
hopper  scales,  there  shall  be  provided  in  such  case  by  such  ware- 
houseman or  elevatorman  or  railroad  having,  upon  the  order  of 
the  board  of  railroad  and  warehouse  commissioners,  track  scales 
or  other  proper  scales  upon  which  the  gross,  tare  and  net  weight 
of  each  car,  wagon  or  other  package  shall  be  taken,  but  at  all 
warehouses  or  elevators  having  hopper  scales  the  net  weight  of 
grain  contained  in  such  car,  wagon  or  other  package  shall  be  taken 
on  such  scales  and  certificate  of  weight  of  such  weighmasters  in 
the  discharge  of  their  aforesaid  duties  shall  be  prima  facie  the 
basis  of  settlement  between  the  buyer  and  seller.  And  such  state 
weighmaster  shall  have  the  entire  control  of  such  scales, 
warehousemen  and  It  shall  be  the  duty  of  the  person  or  persons  doing  a  public 

scales0™1611  to  furnish  warehouse  or  public  elevator  business  under  this  article  to  provide 
and  maintain  suitable  scales  upon  which  all  grain  tendered  to  him 
or  them  for  storage,  transferring,  handling  or  mixing  shall  be 
weighed  under  the  supervision  of  a  state  weighmaster,  as  provided 
for  in  this  article.  Said  scales  shall  be  located  at  the  most  con- 
venient point  upon  the  track  of  some  railroad  running  into  or 
adjoining  such  warehouse  or  elevator.  It  shall  further  be  the 
duty  of  the  person  or  persons  doing  a  public  warehouse  or  public 
elevator  business  under  this  article,  at  some  convenient  time,  at 
least  once  a  year,  or  when  the  railroad  and  warehouse  commis- 
sioners order  it,  after  giving  fifteen  days'  notice,  and  under  the 
supervision  of  an  authorized  state  weighmaster  or  inspector  of  the 

suS,  whe?  gral1  ta  state  grain  inspection  department,  to  weigh  and  inspect  all  grain 
at  such  time  or  times  then  in  such  warehouse  or  elevator,  and  to 
report  to  the  warehouse  registrar  the  result  of  such  weighing  and 
the  actual  amount  of  each  kind  and  grade  in  such  warehouse  or 
elevator.  During  such  time  as  such  weighing  is  going  on,  the 
receiving  and  shipping  of  grain  into  and  from  such  warehouse  or 
elevator  shall  be  discontinued  until  such  general  weighing  has  been 
completed. 

Railroads  to  provide  At  all  terminal  or  other  points  within  this  state  wherever  state 
grain  inspection  may  be  established,  it  shall  be  the  duty  of  all  rail- 
roads to  provide  on  the  order  of  the  board  of  railroad  and  ware- 


Missouri 


245 


house  commissioners,  suitable  wagon  scales  in  their  unloading 
yards,  upon  which  all  grain  handled  by  them,  subject  to  inspection 
and  weighing,  may  be  weighed  as  required  by  this  article.  Said 
scales  shall  be  located  at  places  to  be  designated  by  the  board  of 
railroad  and  warehouse  commissioners  of  this  state,  and  it  shall  be 
the  duty  of  said  commissioners  to  see  that  the  provisions  of  this 
article  are  strictly  enforced. 

*  *  *  And  any  weighmaster  who  shall  knowingly  falsely 
weigh  any  grain,  or  shall  knowingly  give  any  false  or  untrue  cer- 
tificates as  to  the  weight  of  grain,  or  who  shall  knowingly  violate 
any  of  the  provisions  of  this  article,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  punished  by  a  fine  of  not  less  than  five 
hundred  dollars  nor  more  than  one  thousand  dollars,  or  shall  be 
imprisoned  in  the  county  jail,  or  in  the  city  of  St.  Louis,  in  the  jail 
of  said  city,  not  less  than  six  months  nor  more  than  twelve  months, 
or  by  both  such  fine  and  imprisonment. 

The  board  of  railroad  and  warehouse  commissioners  is  required 
to  supervise  the  inspection  and  the  weighing  of  all  hay  at  points 
within  this  state,  for  storage  or  sale,  where  state  grain  inspection 
or  state  hay  inspection  has  been  established  or  may  hereafter  be 
established  by  said  commissioners. 

The  board  of  railroad  and  warehouse  commissioners  are  hereby 
empowered  to  prescribe  such  rules  and  regulations  for  the  enforce- 
ment of  the  provisions  of  the  preceding  section  as  will  as  nearly  as 
possible  conform  to  the  requirements  of  law  now  in  force  regarding 
the  state  inspection  and  weighing  of  grain,  requiring  such  a  bond 
of  inspectors  and  weighers  of  hay  for  the  faithful  performance  of 
duty  as  in  the  judgment  of  said  commissioners  is  sufficient,  and 
prescribing  such  fees  for  inspection  and  weighing  of  hay  as  shall 
be  reasonable.  The  penalties  now  provided  by  this  article  for  a 
failure  to  comply  with  the  law  regarding  state  grain  inspection 
shall  also  apply  to  hay  inspection  as  by  the  preceding  section 
required. 

The  mayor  and  common  council  shall  have  power  within  the 
city,  by  ordinance,  not  inconsistent  with  the  Constitution  or  any 
law  of  this  state  or  of  this  article: 

XXIV.  To  require  all  traders  or  dealers  in  merchandise  or  prop- 
erty of  any  description  which  is  sold  or  measured  or  weighed, 

all  common  carriers  using  weights  and  measures,  to  cause  their 
weights  or  measures  to  be  tested  and  sealed,  and  to  be  subject  to 
inspection. 

XXV.  To  regulate  and  provide  for  inspecting  and  measuring 
of  firewood,  lumber,  shingles,  timber,  posts,  staves,  headings  and 
all  kinds  of  building  materials,  and  for  measuring  all  kinds  of 
mechanical  work,     *     *     *. 


lenity0  for 
lent  weighing,  etc. 


Sec 


to*pect 


:o    prescribe 
regulations, 


Penaljy 


Sec.  8588 

Powers  of  mayor  and 
council  of  cities  of  the 
first  class 


§,  tested1011 


,£SE?tf*JSi3t 

cles 


246  Laws  Concerning  Weights  and  Measures 

weighing6 oVhay? lime*     XXVI.  To  provide  for  the  inspection  and  weighing  of  hay,  lime, 
fael* etc-  '  stone  coal,  charcoal  and  all  kinds  of  coal  used  for  fuel  or  for  heat- 

ing purposes,  and  the  place  and  manner  of  weighing  the  same. 
uonYSes  andp!p-~     XXVII.  To  regulate  the  inspection  of  beef,  pork,  flour,  meal 
point  weighers,  gaugers  and  other  provisions,  whiskey  and  other  liquors  to  be  sold  in  bar- 

and  inspectors  '  J  1  .  . 

rels,  hogsheads  and  other  vessels  or  packages;  to  appoint  weighers, 
gaugers  and  inspectors,  and  to  prescribe  their  duties. 

XXVIII.  To  regulate  the  weight  and  quality  of  bread  to  be 
sold  or  used  in  the  city. 
2  diCV84start "  'T^1'     The  Mayor  and  common  council  shall  have  power  within  the 
'sec. 8890  .'          .city,  by  ordinance,  not  inconsistent  with  the  constitution  or  any 

Power  and  duaes  of        J  '       J  ,        .  * 

mayor  and  council  of  law  of  the  state,  or  ot  this  article  j 

cities  of  second  class  ^_^__T_     ^  •  11  ^        1  11-  11- 

TO  cause  weights  and  XXIII.  To  require  all  traders  or  dealers  in  merchandise  or  prop- 
SeaieV0  ^erty  of  any  description  which  is  sold  by  measure  or  weight,  and 
all  common  carriers  using  weights  and  measures,  to  cause  their 
weights  or  measures  to  be  tested  and  sealed  by  the  proper  officer, 
and  to  be  subject  to  his  inspection.  The  standard  of  such  weights 
and  measures  shall  conform  to  those  established  by  law. 

TO  provide  for  meaa-     XXIV.  To  regulate  and  provide  for  inspecting  and  measuring 

rmg  wood,  etc.  fire-wood,  lumber,  shingles,  timber,  posts,  staves,  headings,  and 
all  kinds  of  building  materials,  and  for  measuring  all  kinds  of 
mechanical  work,  and  to  appoint  one  or  more  measures  and  inspec- 
tors therefor,  and  to  make  provisions  for  the  inspection  of  steam 
boilers,  and  all  steam  heating  apparatus,  and  to  license  engineers 
using  steam  boilers  in  said  city. 

inTna  r°etc  * for  weigh"  XXV.  To  provide  exclusively  for  the  inspection  and  weighing 
of  hay,  lime,  stone  coal,  charcoal  and  all  kinds  of  coal  used  for  fuel 
or  for  heating  purposes,  and  the  places  and  the  manner  of  weighing 
the  same. 

TO  regulate  inspection     XXVI.  To  regulate  the  inspection  of  beef,  pork,  flour,  meal  and 

of  provisions;  to  appoint  .    .         »  .  *;  .  '. 

weighers,  gaugers  and  other  provisions,  whiskey  and  other  liquors  to  be  sold  in  barrels, 
hogsheads,  and  other  vessels  or  packages;  to  appoint  weighers, 
gaugers  and  inspectors,  and  to  prescribe  their  duties  and  regulate 
their  fees :  Provided,  That  nothing  herein  shall  be  so  construed  as 
to  require  the  inspection  of  any  articles  enumerated  herein  which 
are  to  be  shipped  beyond  the  limits  of  this  state,  except  at  the 
request  of  the  owner  thereof  or  his  agent. 
TO  regulate  weight  XXVII.  To  regulate  the  weight  and  quality  of  bread  to  be  sold 

and  quality  of  bread  1   •         1          • 

or  used  in  the  city. 

s.  dTsi81? '^r9' vo1'  That  every  owner,  agent  or  operator  of  any  coal  mine  in  the 
penalty  tor  using  false  state,  employing  miners  at  bushel  or  ton  rates,  shall  provide  at 

rcales  such  mine  or  mines  accurate  and  suitable  scales  of  standard  manu- 

facture upon  which  shall  be  weighed  all  coal  coming  out  of  such 
mine  or  mines;  said  scale  or  scales  to  be  located  at  a  reasonable 
distance  from  the  point  where  the  coal  is  delivered  to  the  surface 


Missouri  247 

opening  of  the  mine  or  mines,  and  in  no  case  shall  said  scale  or 
scales  be  located  at  a  greater  distance  from  said  surface  opening  of 
the  mine  or  mines  than  one  hundred  feet.  Any  owner,  agent, 
operator,  person,  or  persons  having  or  using  any  scales  or  scale  for 
the  purpose  of  weighing  the  product  of  the  miners'  labor,  and  so 
arranges  or  constructs  said  scale  or  scales,  or  by  any  contrivance 
therewith  connected  causes  the  fraudulent  weighing  of  such  coal 
or  said  product,  or  who  shall  knowingly  resort  to,  permit  or  employ 
any  person  or  means  whatsoever,  by  reason  of  which  said  product 
of  the  mine  is  not  correctly  weighed  and  reported  in  accordance 
with  the  true  weight  and  the  provisions  of  this  article,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  for 
each  and  every  offense,  be  punished  by  a  fine  of  not  less  than  two 
hundred  dollars,  nor  more  than  five  hundred  dollars,  or  by  impris- 
onment in  the  county  jail  for  a  period  not  to  exceed  ninety  days,  or 
by  both  such  fine  and  imprisonment;  proceedings  to  be  instituted 
in  any  court  of  competent  jurisdiction. 

That  the  Coal  Mine  Inspector  of  this  state  shall  be  ex-officio  b^ector  to  test  scales 
inspector  of  weights,  measures  and  scales  used  at  coal  mines,  and 
he  is  hereby  empowered  and  it  shall  be  his  duty  to  test  the  scales 
used  to  weigh  coal  mined  in  the  mines  of  this  state  at  least  every 
six  months,  to  ascertain  whether  or  not  such  scales  correctly  meas- 
ure the  weight  of  such  coal,  and  if  defects  or  irregularities  are 
found,  such  scales  which  prevent  correct  weights  and  measure- 
ments the  inspector  shall  call  the  attention  of  the  mine  owner, 
agent  or  operator  to  said  defects  and  direct  that  the  same  be  at  once 
properly  adjusted  and  corrected.  If  the  owner,  agent  or  operator 
of  any  coal  mine  in  this  state,  shall  refuse  to  allow  such  inspector 
to  properly  test  the  scales  used  at  such  mine  or  mines,  or  shall  fail 
or  refuse  to  put  such  scales  in  proper  adjustment  and  condition,  so 
that  the  same  shall  correctly  weigh  the  coal  mined  after  being 
notified  by  said  inspector  so  to  do,  such  owner,  agent  or  operator 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  fined  not  exceeding  five  hundred  dollars,  or  be 
confined  in  the  county  jail  not  exceeding  six  months,  or  both  in 
the  discretion  of  the  court,  and  it  shall  be  the  duty  of  the  prose- 
cuting attorneys  in  the  respective  counties  to  prosecute  any  per- 
son, firm  or  corporation  violating  the  provisions  of  this  Section  the 
same  as  any  other  misdemeanor  cases. 

*    *    *     and  shall  always  keep  at  such  mill  a  half  bushel  and   Rev-  stat..  1909.  vol. 
a  peck  measure,  tried  and  sealed  by  the  clerk  of  the  county  court, 2> sects'  * 

t.    11   j-   i-        £  Mills    shall    keep 

and  proper  toll  dishes  for  such  measures.  measures 

There  is  hereby  established  the  Bureau  of  Dairying,  which  shall    Laws,  1909,  P.n3 
be  under  the  direction  and  control  of  the  department  of  agricul-    BWWM  of  dairying 
ture.     The  chief  of  such  bureau  shall  be  styled  and  known  as  thecre 
state  dairy  commissioner. 


248  Laws  Concerning  Weights  and  Measures 

Itate7  standard  miik  Pipettes  shall,  for  milk,  have  a  capacity  of  seventeen  and  six 
measures  tenths  cubic  centimeters ;  and  the  state  standard  test  tube  or  bot- 

tles for  milk  shall  have  a  capacity  of  two  centimeters  of  mercury 
at  a  temperature  of  sixty  degrees  Fahrenheit  between  "  zero  "  and 
ten  on  the  graduated  scale  marked  on  the  necks  thereof;  for  cream, 
eighteen  drams  shall  be  used,  and  the  standard  test  tube  or  bot- 
tles for  cream  shall  have  a  capacity  of  six  cubic  centimeters  of 
mercury  at  a  temperature  of  sixty  degrees  Fahrenheit  between 
"zero"  and  thirty  on  the  graduated  scale  marked  on  the  necks 
thereof;  and  it  is  hereby  made  a  misdemeanor  to  use  any  other 
measure,  pipette,  test  tube  or  bottle  to  determine  the  per  cent,  of 
butter  where  milk  or  cream  is  purchased  by,  or  furnished  to,  any 
creamery  or  cheese  factory  where  the  value  of  said  milk  is  deter- 
mined by  the  per  cent,  of  butter  fat  contained  in  the  same. 
Any  manufacturer,  merchant,  dealer  or  agent  in  this  state  who 
shall  offer  for  sale  or  sell  any  milk  or  cream  pipette,  or  measure, 
or  test  tube,  or  bottle  which  is  not  correctly  marked  or  graduated 
as  herein  provided  for,  shall  be  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  punished  by  a  fine  of  from 
$50.00  to  $100.00  with  costs  of  suit. 

violations;  penalty  Jt  s^a^  ^e  unlawful  for  any  manager,  owner,  agent  or  any  em- 
ployee of  a  cream  or  cheese  or  butter  factory  to  manipulate  or 
under-read  the  Babcock  test,  or  any  other  contrivance  used  for 
determining  the  quality  or  value  of  milk,  or  to  run  any  such 
machine  at  a  speed  of  less  than  600  revolutions  per  minute  for  a 
period  of  less  than  eight  consecutive  minutes,  or  to  falsify  the 
record  thereof,  or  to  pay  for  such  milk  on  the  basis  of  any  measure- 
ments except  the  true  measurement  as  hereby  determined.  Who- 
ever shall  be  guilty  of  violating  this  section  shall  be  punished  by  a 
fine  of  from  $50.00  to  $100.00,  with  costs  of  suit. 


MONTANA 


Sec.  2 

Deputy  State  sealers 


Salary 


The  Secretary  of  State  is  hereby  declared  to  be  and  is  the  ex   ^*™- I9II>  ch- 34 
officio  state  sealer  of  weights  and  measures.     The  county  clerks  Jpe.cri!aPr  of  ,state  ex 

*-*  »  orncio  ottitc  scsiBr 

of  each  county  are  hereby  declared  to  be  deputy  sealers  of  weights   Deputy  sealers,  who 
and  measures  of  their  respective  counties.     The  sealer  of  weights 
and  measures  of  each  municipal  corporation  are  hereby  declared 
to  be  deputy  sealer  of  weights  and  measures  of  their  respective 
municipal  corporations.     All  deputy  sealers  of  weights  and  meas-    How  pflid 
ures  shall  receive  no  compensation,  other  than  such  as  may  be 
provided  by  law  and  shall  be  paid  by  the  county  or  municipal 
corporation  respectively. 

The  Secretary  of  State  as  ex  officio  state  sealer  of  weights  and 
measures  is  hereby  authorized  to  appoint  not  to  exceed  two  deputy 
state  sealers  of  weights  and  measures  to  be  designated  inspectors 
of  weights  and  measures.  Said  inspectors  of  weights  and  meas- 
ures shall  receive  a  salary  of  one  hundred  and  fifty  dollars  ($150.00) 
per  month  and  all  necessary  expense  incurred  in  making  any 
inspection  of  weights  and  measures.  The  inspectors  and  deputy  Duty  and  authority 
sealers  of  weights  and  measures  shall  have  authority  to  do  and 
perform  any  and  all  acts  authorized  by  this  act  under  the  direc- 
tion and  supervision  of  the  state  sealer  of  weights  and  measures. 
All  bills  and  accounts  or  expenses  incurred  by  the  state  sealer  of 
weights  and  measures  or  by  the  inspectors  of  weights  and  meas- 
ures shall  be  presented  to  and  allowed  by  the  state  board  of 
examiners  in  the  same  manner  as  provided  for  other  claims  con- 
tracted for  and  on  behalf  of  the  state  of  Montana.  All  fees  col- 
lected by  the  state  sealer  of  weights  and  measures,  or  by  the 
inspectors  of  weights  and  measures  provided  for  in  this  act  shall 
be  paid  by  the  state  sealer  of  weights  and  measures,  at  least  once 
each  quarter,  to  the  state  treasurer  for  the  use  and  benefit  of  the 
State  of  Montana. 

The  state  sealer  of  weights  and  measures  shall  have  full  authority 
and  supervision  over  all  deputy  sealers  of  weights  and  measures  «v  and  duty  of' 
or  any  deputies  appointed  as  deputy  county  sealers  of  weights  and 
measures  and  of  all  sealers  of  weights  and  measures  which  are  now 
or  may  hereafter  be  appointed  by  any  municipal  corporation 
organized  under  the  laws  of  the  State  of  Montana.  Said  state 
sealer  of  weights  and  measures  shall  have  general  supervision 

249 


Fees,  disposition  of 


Sec.  3 

State  sealer,  author- 


250  Laws  Concerning  Weights  and  Measures 

over  the  weights  and  measures  of  the  state.  He  shall  take  charge 
of  the  standards  of  weights  and  measures  and  shall  procure  at  the 
expense  of  the  state  any  weights  and  measures  that  may  be  nec- 
essary and  shall  cause  them  to  be  kept  and  in  no  case  removed 
from  a  fire  proof  vault  in  his  office  except  for  the  purpose  of  certi- 
fication or  repairs.  He  shall  maintain  said  standards  in  good 
order  and  shall  submit  them  once  in  ten  years  to  the  National 
Bureau  of  Standards  for  certification.  He  shall  correct  the  stand- 
ards of  the  several  counties,  cities  and  towns  as  often  as  he  may 
deem  necessary  and  at  least  as  often  as  once  in  five  years  and 
where  not  otherwise  provided  by  law  he  shall  have  general  super- 
vision of  the  weights  and  measures  or  measuring  and  weighing 
devices  of  the  state  in  use  in  the  state. 

itate4  sealer  and  in-  Said  state  sealer  of  weights  and  measures  or  his  inspectors  shall 
spectors,  duties  of  visit  the  various  counties,  cities  and  towns  in  the  state  in  order 
to  inspect  the  work  of  the  deputy  sealers  and  in  the  performance 
of  his  duty  he,  or  his  inspectors,  may  inspect  weights  and  meas- 
ures and  balances  which  are  used  for  buying  or  selling  goods, 
wares,  merchandise  or  other  commodities  and  for  public  weighing, 
and  shall  upon  a  written  request  of  any  citizen,  firm  or  corpora- 
tion or  educational  institution  of  the  state,  test  or  calibrate  weights 
and  measures,  weighing  or  measuring  devices  or  apparatus  used 
as  test  standards  in  the  state.  He  or  his  inspectors  shall  at  least 
once  annually  test  all  scales,  weights  and  measures  used  in  check- 
ing the  receipts  or  disbursements  of  supplies  of  every  state  insti- 
tution and  he  shall  report  in  writing  his  findings  to  the  executive 
officer  of  the  institution  concerned. 

Itate5  sealer  and  deP-  The  state  sealer  of  weights  and  measures  or  the  deputy  county 
make  Ynspertfons8  may  sea-lers  °f  weights  and  measures  or  inspectors  of  weights  and  meas- 
ures may,  in  the  discharge  of  their  duties,  inspect  weights  and 
measures. 

Annual  inspection  It  is  hereby  made  the  duty  of  the  state  sealer  of  weights  and 
measures  or  his  inspectors  or  the  deputy  sealers  of  weights  and 
measures  to  at  least  once  each  year,  inspect  all  weights  and 
measures,  balances,  measuring  or  weight  devices  of  different 
kinds  throughout  the  state  of  Montana.  The  state  sealer  of 
weights  and  measures  shall  prepare  a  certificate  of  suitable  size 
to  be  attached  or  affixed  to  all  weights  or  measures  or  measuring 
devices  so  tested.  Said  certificate  shall  bear  a  fac  simile  signature 
of  the  state  sealer  of  weights  and  measures  and  shall  be  counter- 
signed by  the  inspectors  of  weights  and  measures,  or  the  deputy 
sealer  of  weights  and  measures  or  such  inspectors  of  weights  and 
measures  as  may  be  designated  by  any  municipal  corporation. 
The  certificates  as  prepared  by  the  state  sealer  of  weights  and 
measures  shall  be  numbered  in  consecutive  order  and  shall  have 


Montana 


251 


printed  or  stamped  upon  such  certificate  the  year  and  shall  be 
furnished  to  the  deputy  inspectors  of  weights  and  measures  of 
each  county  or  the  inspectors  of  weights  and  measures  in  any 
municipal  corporation  by  the  state  sealer  of  weights  and  measures 
upon  application  therefor.  The  county  inspector  of  weights  and 
measures  or  inspector  of  weights  and  measures  in  any  municipal 
corporation  shall  pay  to  the  state  sealer  of  weights  and  measures 
for  all  such  certificates  so  issued  to  him  the  sum  equal  to  the 
actual  cost  of  the  number  of  certificates  so  received. 

From  and  after  the  first  day  of  August,  ion,  it  shall  be  unlaw-    sec.  e 

rir-  c  1  .  Unlawful  to  use  un 

ml  for  any  person  or  persons,  firm  or  copartnership,  corporation  sealed  apparatus 
or  association  of  persons  engaged  in  the  trade  of  buying  or  selling, 
purchasing  or  disposing  of  or  dealing  in  any  merchandise  or  com- 
modities to  any  person  or  persons  in  the  State  of  Montana  without 
first  having  had  the  weights  and  measures,  scales  or  measuring  de- 
vices used  by  them  for  the  purpose  of  determining  the  amount  or 
quantity  of  any  article  or  articles  of  merchandise,  tested  and  a  cer- 
tification attached  thereto  by  the  state  sealer  of  weights  and  meas- 
ures or  by  inspectors  of  weights  and  measures  or  by  deputy  sealers 
of  weights  and  measures  or  by  sealers ,  of  weights  and  measures 
appointed  by  any  municipal  corporation  in  the  State  of  Mon- 
tana. Such  certificate  shall  be  attached  or  placed  in  a 
conspicuous  place  upon  such  weighing  or  measuring  device. 
Any  person  or  persons  using  any  weight  or  measure  or  scale  Pena»y 
or  other  measuring  device  after  the  first  day  of  August,  1911 
or  annually  thereafter,  which  has  not  been  tested  as  provided  by 
this  act  shall,  upon  conviction  thereof,  be  deemed  guilty  of  a  mis- 
demeanor and  fined  in  a  sum  not  less  than  twenty-five  dollars 
($25.00)  nor  more  than  three  hundred  dollars  ($300.00) .  Any  per- 
son or  persons  who  shall  be  deemed  guilty  of  a  second  offence  as 
provided  in  this  act  shall  be  punished  by  a  fine  of  not  less  than  one 
hundred  dollars  ($100.00)  nor  more  than  five  hundred  dollars 
($500.00)  and  each  and  every  successsive  day  any  person  or  persons 
using  any  weights  or  measures,  scales  or  other  measuring  devices 
shall  be  and  is  hereby  declared  to  be  a  separate  and  distinct 
offense. 

Every  person  or  persons,  firm,  copartnership  or  corporation  en-    weights  and  meas- 
gaged  in  the  trade  of  buying  and  selling  or  as  a  public  weigher  or  ures  to  be  tested>  when 
user  of  weights  and  measures  shall,  between  the  first  day  of  January 
and  the  first  day  of  March  each  year,  have  his  weights,  measures, 
balances  and  scales  adjusted  and  sealed,  and  may  for  that  purpose 
present  them  at  the  office  of  the  deputy  sealer  of  weights   and 
measures  of  the  county  or  city  wherein  he  resides  and  whenever 
any  person  presents  weights,  measures,  balances  and  scales  to  be 


252 


Laws  Concerning  Weights  and  Measures 


adjusted  and  sealed  the'-' fteput^' dealer  of  weights  and  measures  of 
the  county  or  city  must  forthwith  adjust  and  seal  all  weights  and 
measures  brought  to  him  for  that  purpose. 

to  mate  in-  After  the  first  day  of  March  of  each  year,  the  sealer  of  weights 
spections,  when  ancj  measures,  or  his  inspectors  or  the  deputy  sealers  of  weights 
and  measures  of  the  county  or  city,  shall  visit  the  places  of  business 
and  enter  upon  the  carts,  wagons  or  vehicles  then  in  use  for  the 
business  of  all  persons  engaged  in  the  trade  of  buying  and  selling 
or  selling  who  have  weights,  measures  or  balances  which  have  not 
been  sealed  during  the  current  calendar  year  and  try,  adjust 
and  seal  the  same.  He  shall  at  least  once  every  six  months  try, 
adjust  and  seal  every  hay  scale,  wagon  scale,  railroad  track  scale 
or  platform  scale  or  balances  used  in  the  trade  of  buying  and  selling 
or  selling  or  for  public  weighing, 
sec.  9  The  state  sealer  of  weights  and  measures  or  his  inspectors  or  any 

State  sealer  and  in-  /»          •    i  1 

spectors,  authority  of  deputy  sealer  of  weights  and  measures  shall  have  power  to  inspect, 
test,  try  and  ascertain  if  they  are  correct,  all  weights,  scales,  beams, 
measures  of  every  kind,  instruments  or  mechanical  devices  for 
measurement,  and  the  tools,  appliances  or  accessories  connected 
with  any  or  all  such  instruments  or  measurements  used  or  em- 
ployed within  the  state  by  a  proprietor,  agent,  lessee  or  employe 
in  determining  the  size,  quantity,  extent,  area  or  measurement  of 
quantities,  things,  produce,  articles  for  distribution  or  consumption 
offered  or  submitted  by  such  person  or  persons  for  sale,  for  hire,  or 
award. 

The  state  sealer  of  weights  and  measures  or  his  inspectors  or 
deputy  sealers  of  weights  and  measures  may  at  irregular  intervals 
examine  the  commodities  sold  or  offered  for  sale  and  test  them  for 
correct  weight,  measure  or  count.  He  or  his  inspector  or  deputies 
may  for  the  purposes  above  mentioned  and  in  the  general  perform- 
ance of  their  official  duties,  enter  or  go  into  or  upon  and  without 
formal  warrant,  any  stand,  place,  building  or  premises  or  may  stop 
any  vendor,  peddler,  junk  dealer,  coal  wagon,  ice  wagon  or  any 
dealer  whatsoever,  for  the  purpose  of  making  the  proper  tests; 
and  in  the  exercise  of  such  duties  they  shall  have  full  police  power 
to  enforce  any  and  all  reasonable  measures  for  testing  such  weights 
and  measures,  and  also  in  ascertaining  whether  false  or  short  weights 
and  measures  are  being  given  in  any  sales  or  transfer  of  articles  or 
merchandise  taking  place  within  the  state.  Whenever  the  state 
sealer  of  weights  and  measures  or  his  inspectors  or  deputies  have 
reason  to  believe  that  any  person  or  persons,  or  corporation  is  vio- 
lating the  provisions  of  this  act  or  any  act  relating  to  weights  and 
measures  they  shall  submit  the  evidence  to  the  properly  constituted 
authority  in  the  county  in  which  such  violation  occurs  who  shall 


Sec.  10 

Irregular  inspections 


Police  power 


Prosecutions 


Sec.  ii 
Records 


Montana 

thereupon  prosecute  the  persons  alleged  to  have  violated  the  pro- 
visions of  this  act  or  any  act  relating  to  weights  and  measures. 

The  state  sealer  of  weights  and  measures  shall  keep  a  complete 
record  of  all  work  done  under  his  direction  and  shall  make  an 
annual  report  not  later  than  the  first  day  of  January  of  each  year, 
preceding  the  meeting  of  the  Legislative  Assembly.  The  inspectors 
of  weights  and  measures  and  deputy  sealers  of  weights  and  meas- 
ures shall  keep  a  complete  record  of  all  work  done  by  them  under 
and  by  direction  of  the  state  sealer  of  weights  and  measures  and 
shall  report  to  the  state  sealer  of  weights  and  measures,  not  later 
than  the  fifth  of  each  month,  of  all  work  done  by  them  for  the  pre- 
ceding month.  The  state  sealer  of  weights  and  measures  shall  R«p°rt* 
provide  a  system  of  records  to  be  kept  by  all  deputy  sealers  of 
weights  and  measures,  together  with  blank  reports,  upon  which 
all  reports  of  said  sealers  of  weights  and  measures  are  to  be  made. 
The  form  of  record  provided  by  the  state  sealer  of  weights  and 
measures  for  all  deputy  sealers  of  weights  and  measures  shall  be  the 
form  to  be  observed  and  kept  by  them  and  after  the  said  state 
sealer  of  weights  and  measures  shall  have  prescribed  the  form  of 
said  records,  said  records  and  all  books  and  papers  shall  be  filed  in 
the  office  of  the  county  clerk  or  city  clerk  and  become  a  record  of 
said  office. 

The  state  sealer  of  weights  and  measures  shall  have  the  authority 
to  remove  any  inspector  of  weights  and  measures  who  fails,  refuses  by  state  sealer 
or  neglects  to  perform  any  duty  imposed  upon  him  by  the  state 
sealer  of  weights  and  measures.  And  shall  report  such  facts  in 
relation  to  such  inspectors  of  weights  and  measures  to  the  governor 
of  the  state  of  Montana  with  his  approval  endorsed  thereon.  Any 
person  authorized  to  seal  weights  and  measures  in  accordance  with 
this  act  who  shall  without  duly  verifying  the  weights  and  measures 
of  any  person  by  comparison  with  the  standard  of  weights  and 
measures,  stamps  a  weight  or  measure  or  attaches  thereto  a  certifi- 
cate that  said  weight  or  measure  has  been  duly  tested,  is  hereby 
declared,  upon  conviction  thereof,  to  be  guilty  of  a  misdemeanor 
and  shall  be  subject  to  a  penalty  of  a  fine  of  not  less  than  fifty 
dollars  ($50.00)  nor  more  than  three  hundred  dollars  ($300.00). 

Every  weight  for  use  in  trade,  except  when  the  small  size  of  the 
weight  renders  it  impracticable  shall  have  the  denomination  of  such  ma"ked 
weight  permanently  marked  on  the  top  side  thereof  in  legible 
figures  or  letters;  and  every  measure  of  capacity  for  use  in  trade 
shall  have  the  denomination  and  kind  thereof  permanently  marked 
on  the  outside  of  such  measure  in  legible  figures  or  letters. 

A  weight  or  measure  not  in  conformity  with  this  section  shall  not 
be  stamped  by  the  state  sealer  of  weights  and  measures  or  inspector 
of  weights  and  measures  or  deputy  sealers  of  weights  and  measures. 


253 


Sec.  12 

Inspectors,  removal  of 


Penalty  for 


Sec.  13 
Weights 


how 


254  Laws  Concerning  Weights  and  Measures 

Apothecaries*  Apothecaries  and  all  other  persons  dealing  in  drugs,  medicine  and 
weights  merchandise  commonly  sold  by  apothecaries'  weights  or  by  apothe- 

caries' liquid  measure  shall  at  least  once  in  two  years  cause  such 
weights  and  measures  so  used  to  be  tested  and  sealed  by  officers 
authorized  under  this  act  to  inspect  weights  and  measures. 

weights  and  meas-  If  any  weights,  measures  or  balances  can  be  readily  adjusted  by 
when  use  forbidden>  such  means  as  the  sealer  of  weights  and  measures  may  have  at  hand, 
he  may  adjust  and  seal  them,  but  if  they  cannot  be  readily  adjusted, 
he  shall  affix  to  such  weights,  measures  or  balances,  a  notice  for- 
bidding their  use  until  he  is  satisfied  they  have  been  so  adjusted  as 

Penalty  for  removing  to  conf  orm  with  the  standard.  Any  person  or  persons  who  remove 
said  notice  without  the  consent  of  the  officer  affixing  the  same 
shall,  upon  conviction,  be  fined  in  a  sum  not  to  exceed  fifty  dollars 
($50.00). 

weights,  measures,  All  weights,  measures  and  balances  which  cannot  be  made  to 
etc.,  condemned,  when  conform  £O  the  standard  of  weights  and  measures  as  herein  pro- 
vided shall  be  stamped  "Condemned"  or  "C.  D."  by  the  sealer 
of  weights  and  measures. 

weights,  measures,  The  state  sealer  of  weights  and  measures  or  inspector  of  weights 
whenmay  be  seized*and  measures  or  deputy  sealer  of  weights  and  measures  may  seize 
without  a  warrant  such  weights,  measures  or  balances  as  may  be 
necessary  to  be  used  as  evidence  in  case  of  violation  of  any  act  rela- 
tive to  the  sealing  of  weights  and  measures.  They  shall  be  re- 
turned to  the  owners  or  forfeited  as  the  court  may  direct. 

itinerant  p  e  d  d  i  ers  All  itinerant  peddlers  and  hawkers  using  scales,  balances,  weights 
a^arat^tested0  have  an(^  measures  shall  take  the  same  to  the  office  of  the  state  sealer  of 
weights  and  measures  or  inspector  of  weights  and  measures  or 
deputy  sealer  of  weights  and  measures,  before  any  use  is  made 
thereof,  and  have  the  same  sealed  and  adjusted  annually;  and  any 
such  persons  failing  to  comply  with  the  provisions  of  this  section 

penalty  for  failure    shall  be  fined  not  less  tjlan  five  ($5-OO)  nor  more  than  one  hundred 

dollars  ($100.00)  for  each  offense,  and  every  day  such  person  shall 
use  such  scales,  balances,  weights,  or  measures  without  having  the 
same  adjusted  and  sealed  as  hereinbefore  provided  for  shall  consti- 
tute a  separate  and  distinct  offense.  Any  itinerant  peddler  or 
hawker  found  using  any  ice  scale  shall  be  subject  to  a  fine  of  not 
less  than  ten  dollars  ($10.00)  nor  more  than  fifty  dollars  ($50.00) 
for  each  offense. 
Miikand cream, how  All  milk ,  cream ,  and  skimmed  milk  shall  be  sold  only  by  standard 

801(1  wine  measure,  and  by  or  in  measures,  cans,  jars,  bottles,  or  other 

jars  bottles  etc  tovesse^s  or  receptacles  which  shall,  prior  to  being  used  in  such  sale, 

be  sealed  be  sealed  by  the  sealer  of  weights  and  measures  of  the  town  where 

the  person  so  using  the  same  shall  usually  reside  in  this  state,  or  of 
the  town  where  such  milk  shall  be  sold  for  use ;  and  every  person 
selling  any  of  the  same  contrary  to  this  section,  or  delivering  any  of 


Montana  255 

the  same  sold  contrary  hereto,  shall  be  fined  for  the  first  offense    Penalty 

not  less  than  fifty  dollars  ($50.00)  and  not  exceeding  one  hundred 

dollars  ($100.00)  and  for  any  subsequent  offense  not  less  than  one 

hundred  dollars  or  imprisonment  not  to  exceed  ninety  days,  or 

both  such  fine  and  imprisonment.     Any  purchaser  of  milk,  cream,    Pu/chaser  may  re- 

,  .  1          MI      i          •  11-  quest  test  by  sealer 

or  skimmed  milk  having  reason  to  believe  that  any  measure,  can, 
jar,  bottle,  or  other  vessel  or  receptacle  in  which  milk,  cream  or 
skimmed  milk  is  sold  and  delivered  to  him  is  not  of  sufficient  size 
or  capacity  to  contain,  by  standard  wine  measure,  the  amount 
thereof  purchased  may  apply  to  the  sealer  of  weights  and  measures, 
which  sealer  shall  test  the  capacity  of  the  same  and  issue  to  such 
purchaser  his  certificate  stating  the  capacity  thereof;  and  if  such 
capacity  according  to  such  certificate  shall  be  less  than  the  amount 
purchased,  such  purchaser  may  make  complaint  and  deliver  such 
certificate  to  any  officer  authorized  to  make  complaints  for  the 
violation  of  this  act. 

No  person  or  corporation  shall,  after  the  ist  day  of  January,    |e0c^°  and  jars  for 
1912,  sell  or  offer  for  sale  within  the  state  of  Montana  any  milk  ormilkan.dcreamtohave 

1      ..i  ...  ,        .        .  ,  ,    J  capacity  permanently 

cream  in  bottles  or  in  glass  jars  unless  each  of  said  bottles  or  glass  marked 
jars  in  which  said  milk  or  cream  is  sold  or  offered  for  sale  shall 
have  blown  into  it  or  otherwise  indelibly  and  permanently  indicated 
thereon  in  a  legible  and  conspicuous  manner  the  capacity  thereof; 
and  the  state  sealer  of  weights  and  measures  or  inspector  of  weights 
and  measures  or  deputy  sealer  of  weights  and  measures  the  right 
at  any  time  to  examine  any  bottle  or  glass  jar  in  which  milk  or 
cream  is  sold  or  offered  for  sale  in  the  state  of  Montana  or  which  is 
used  by  any  person  or  corporation  for  the  purpose  of  containing 
milk  or  cream  to  be  sold  or  offered  for  sale  in  order  to  ascertain 
whether  such  bottle  or  jar  is  of  a  capacity  not  less  than  that 
which  it  purports  to  be;  and  if  any  such  bottle  or  jar  is  of  a  less 
capacity  than  that  which  it  purports  to  be,  or,  if  any  such  bottle 
or  jar  shall  not  have  blown  into  it  or  otherwise  indelibly  and 
permanently  indicated  thereon  in  a  legible  and  conspicuous 
manner  its  capacity  as  aforesaid,  the  person  or  corporation  sell- 
ing or  offering  for  sale  milk  or  cream  in  any  such  bottle  or  jar, 
or  having  in  his  or  its  possession  any  such  bottle  or  jar  to  be 
used  or  which  has  been  used  for  the  purpose  of  containing  milk 
or  cream  to  be  sold  or  offered  for  sale  in  said  state  of  Montana 
shall,  upon  conviction,  be  fined  not  less  than  five  dollars  ($5.00)  Penalty 
nor  more  than  one  hundred  dollars  ($100.00)  for  each  offense;  and 
each  and  every  bottle  or  glass  jar  found  in  the  possession  or  any 
person  or  corporation  used  or  to  be  used,  or  which  has  been  used 
by  such  person  or  corporation  for  the  purpose  of  containing  milk 
or  cream  to  be  sold  or  offered  for  sale  in  the  state  of  Montana, 
which  shall  be  found  to  be  of  a  less  capacity  than  that  blown  into 


256  Laws  Concerning  Weights  and  Measures 

the  same  or  otherwise  so  indelibly  and  permanently  indicated 

thereon,  or  which  shall  not  have  blown  into  or  otherwise  indelibly 

and  permanently  indicated  thereon  in  a  legible  and  conspicuous 

separate  offense,  manner  the  capacity  as  aforesaid,  shall  constitute  a  separate  and 

what  constitutes  .,  .      .  ~  ,  r          1  • 

distinct  offense  on  the  part  of  such  person  or  corporation,  and  upon 
conviction  such  person  or  corporation  shall  be  fined  in  a  sum  not 
less  than  ten  dollars  ($10.00),  nor  more  than  three  hundred  dollars 
($300.00)  . 

false  balance,  etc.        A  person  who  uses,  or  has  in  possession  for  use  in  trade,  any 
weight,  measure,  scale  balance,  steelyard,  or  weighing  machine 


penalty  for  use  or^hidi  is  false  or  incorrect  shall  be  fined  not  more  than  one  hundred 

possession  of  .  „  .  ,  ,        „ 

dollars  ($100.00),  or  in  case  of  a  second  offense,  not  more  than 
two  hundred  dollars  ($200.00),  and  any  contract  for  gain,  sale  or 
dealing  made  by  the  same  shall  be  void  and  the  weight,  scale, 
measure,  balance  or  steelyard  shall  be  liable  to  be  forfeited. 

weight  or  measure  A  weight  or  measure  duly  stamped  by  the  state  sealer  of  weights 
to  be  legal,  when  an(j  measures  or  inspector  of  weights  and  measures  or  deputy 
sealers  of  weights  and  measures,  or  by  the  National  Bureau  of 
Standards  shall  be  a  legal  weight  or  measure  throughout  the  state, 
unless  found  to  be  false  or  incorrect  and  shall  not  be  liable  to  be 
re-sealed  because  used  in  any  other  place  than  that  in  which  it  was 
originally  stamped. 

sec.  23  Whoever  sells  or  offers  for  sale  a  less  quantity  than  represented, 

Selling  by  less  quan-  /*  J     ••,,          r  £ 

tity  or  sells  in  a  manner  contrary  to  law  shall  be  guilty  of  fraud  and 

Penalty  tor  shall  be  fined  not  more  than  one  hundred  dollars  ($100.00),  or  in 

case  of  a  second  offense  not  more  than  two  hundred  dollars 
($200.00)  . 

Tolerances  ^e  state  sealer  of  weights  and  measures  shall,  after  consultation 

with  and  with  the  advice  of  the  National  Bureau  of  Standards, 

establish  tolerances  for  use  in  the  state  of  Montana,  and  said 

tolerances  shall  be  the  legal  tolerances  in  the  state  of  Montana. 

sec.  25  A  person  who  neglects  or  refuses  to  produce  for  the  state  sealer 

Neglecting  or  refus-     •       *,    -.  j  .  r          •    1  j.  j 

ing  to  produce  weights  of  weights  and  measures  or  inspectors  of  weights  and  measures  or 

and  measures  for  seal-   1  1  r          •    1  ,  i  n  •    1  i 

en  obstructing  and  bin-  deputy  sealers  of  weights  and  measures,  all  weights,  measures  or 

dering  balances  in  his  possession  and  used  in  trade,  or  on  his  premises, 

or  refuses  to  permit  the  said  officers  to  examine  the  same,  or 

obstructs  the  entry  of  said  officers,  or  otherwise  obstructs  or 

hinders  a  sealer  under  this  law  or  violates  any  of  the  provisions  of 

penalty  for  this  act  shall  be  fined  not  more  than  one  hundred  dollars  ($100.00) 

and  in  case  of  a  second  offense,  not  more  than  two  hundred  dollars 

($200.00)  . 

f^-s26  The  state  sealer  of  weights  and  measures  or  the  inspectors  of 

weights  and  measures  or  deputy  sealer  of  weights  and  measures 


Montana  257 

shall  demand  and  receive  before  the  delivery  of  the  certificate  pro- 
vided for  in  this  act  the  following  fees- 

For  inspecting  and  sealing  scales  of  a  capacity  of  40,000  pounds  and  upward, 

each $5  00 

For  inspecting  and  sealing  scales  of  a  capacity  of  24,000  pounds  up  to  40,000  ' 

pounds,  each 4.  oo 

For  inspecting  and  sealing  scales  of  a  capacity  of  6,000  pounds  up  to  24,000 

pounds,  each ^.  oo 

For  inspecting  and  sealing  scales  of  the  capacity  of  2,500  pounds  up  to  6,000 

pounds,  each 2.  oo 

For  inspecting  and  sealing  scales  of  the  capacity  of  240  pounds  up  to  2,500 

pounds,  each L  oo 

For  inspecting  and  sealing  scales  of  the  capacity  of  2  pounds  up  to  240  pounds, 

each 50 

For  inspecting  and  sealing  hopper  scales,  each 2.  50 

For  inspecting  and  sealing  two  bushel,  one  bushel  and  one-half  bushel  measures, 

each I0 

For  inspecting  and  sealing  any  other  dry  measures,  each 10 

For  inspecting  and  sealing  every  automatic  weight  machine  or  every  instrument 

or  device  of  a  capacity  of  less  than  three  tons  used  for  weighing  or  measuring 

any  person  or  animal  for  hire  or  reward,  each i.  oo 

For  inspecting  and  sealing  liquid  measures  of  the  capacity  of  one  gallon  and 

upwards,  each 20 

For  inspecting  and  sealing  any  other  liquid  measures,  each 10 

For  inspecting  and  sealing  yard  measures,  each 10 

For  inspecting  and  sealing  any  linear  measure  for  each  3  feet 10 

For  sealing  bottles  and  jars  each  per  dozen 25 

The  fees  provided  for  in  this  section  if  collected  by  the  state    Fe<«,  for  whom  re- 
sealer   of  weights   and  measures  or   inspectors   of  weights   and**' 
measures  shall  be  demanded  and  received  for  the  use  of  the  state 
of  Montana.     Where  the  inspection  of  weights  and  measures  is 
made  by  any  deputy  sealer  of  weights  and  measures  the  fees  herein 
provided  for  shall  be  demanded  and  received  by  said  deputy  sealer 
of  weights  and  measures  for  the  use  and  benefit  of  the  county  or 
city  respectively  in  the  following  manner. 

Twenty-five  per  cent  of  all  fees  received  by  deputy  sealers  of   -disposition  of 
weights  and  measures  shall  be  paid  to  the  state  of  Montana  and 
seventy-five  per  cent  of  all  moneys  collected  under  the  provisions 
of  this  act  shall  be  retained  by  the  city  or  county  as  the  case  may  be. 

Any  deputy  county  sealer  of  weights  and  measures  or  any  deputy  sec. 
city  sealer  of  weights  and  measures  who  fails,  neglects  or  refuses  to  m 
perform  any  duties  or  acts  provided  for  in  this  act,  or  as  may  be 
provided  for  by  any  regulations  promulgated  by  the  state  sealer 
of  weights  and  measures,  the  state  sealer  of  weights  and  measures 
is  hereby  authorized  to  designate  some  other  duly  elected,  quali- 
fied and  acting  official  of  the  respective  county  or  city  to  act  as 
deputy  sealer  of  weights  and  measures. 

The  state  sealer  of  weights  and  measures  is  hereby  authorized  |euie|®  authority  o 
to  make  and  promulgate  such  rules  and  regulations  for  the  gov-  ^  sealer  to  promu 
ernment,  guidance  and  direction  of  inspectors  of  weights  and 

8578°— 12 17 


258  Laws  Concerning  Weights  and  Measures 

measures  and  deputy  county  and  city  sealers  of  weights  and 
measures  in  conformity  with  this  act,  as  may  be  necessary  to  carry 
out  the  provisions  of  this  act  in  a  uniform  manner.  Such  rules 
and  regulations  when  promulgated  by  the  state  sealer  of  weights 
and  measures,  with  the  approval  of  the  Governor  of  the  state  of 
Montana  endorsed  thereon,  shall  have  the  same  force  and  effect  as 
if  provided  for  in  this  act.  Such  rules  and  regulations  shall  be 
published  at  least  once  in  a  newspaper  of  general  circulation  in 
each  county  and  city  of  the  state  of  Montana. 

violation  of  act;  pen-  Any  Person  or  persons  violating  any  of  the  provisions  of  this  act 
where  no  other  penalty  is  provided  shall,  upon  conviction  thereof, 
be  fined  in  a  sum  not  less  than  twenty-five  dollars  ($25.00)  nor 
more  than  three  hundred  dollars  ($300.00) ,  or  by  imprisonment  in 
the  county  jail  not  less  than  thirty  nor  more  than  ninety  days, 
are  deputy  The  state  sealer  of  weights  and  measures,  inspectors  of  weights 

sheriffs  an(j  measures  or  deputy  sealers  of  weights  and  measures  of  the  vari- 

ous cities,  towns  and  counties,  throughout  the  state  shall  be,  by 
virtue  of  their  respective  offices,  deputy  sheriffs  and  as  such  shall 
have  power  to  arrest  and  detain  any  person  violating  the  provisions 
of  this  act  without  warrant. 
fees3coiiectedforvio-     All  fees  collected  for  violation  of  the  provisions  of  this  act  shall 

tetion  of  act;  disposition  be  pajd  to  the  state  treasurer  for  support  and  maintenance  of  the 

department  of  weights  and  measures.  All  justices  of  the  peace 
and  clerks  of  district  courts  who  may  collect  any  fees  imposed  for 
the  violation  of  the  provisions  of  this  act  must,  not  later  than  the 
fifth  day  of  each  month,  transmit  to  the  state  sealer  of  weights  and 
measures  all  moneys  so  collected  and  the  state  sealer  of  weights 
and  measures  shall  pay  the  same  to  the  state  treasurer  taking  his 
receipt  therefor. 

le'pea2!  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  re- 

pealed. 

fnceffect  This  act  shall  be  in  full  force  and  effect  from  and  after  its  passage 

and  approval. 

tionsles  and  reKUla"  Rules  and  regulations  promulgated  by  the  State  Sealer  of 
Weights  and  Measures  for  the  guidance  and  control  of  Inspector  or 
Deputy  Sealers  of  Counties  and  Municipalities  within  the  state  of 
Montana.  Approved  March  28,  1911. 

Rule  i  It  shall  be  the  duty  of  the  Inspector  of  Weights  and  Measures  to 

advise  with  and  to  have  a  general  supervisory  control  over  all 
deputy  sealers  of  weights  and  measures  in  each  county  or  municipal 
corporation  of  the  state,  under  the  direction  and  control  and  in  the 
absence  of  the  State  Sealer  of  Weights  and  Measures. 

inspector  to  perform     The  Inspector  of  Weights  and  Measures  shall  visit  such  counties 

Btateeseaei«powered  on  an(i  municipal  corporations  as  often  as  directed  and  required  by 

the  State  Sealer  of  Weights  and  Measures  and  shall  perform  all 


Montana 


259 


duties  empowered  by  the  laws  of  the  State  of  Montana  on  the  State 
Sealer  of  Weights  and  Measures. 

It  is  hereby  made  the  duty  of  all  deputy  County  or  City  Sealers  is    to    be 

of  Weights  and  Measures,  immediately  after  the  ist  day  of  May,  made>  when 
1911,  and  the  ist  day  of  March,  1912,  and  annually  thereafter,  to 
try,  adjust  and  seal  all  weights,  measures  or  balances  in  accordance 
with  the  law. 

Deputy  County  or  City  Sealers  of  Weights  and  Measures  shall,    ^pections   to    ** 
whenever  requested  by  any  person,  and  within  a  reasonable  length  made  up°n  re'uest 
of  time  thereafter,  visit  the  place  of  business  of  such  person  and 
try,  adjust  and  seal  all  weights  and  measures  as  requested. 

Inspectors  and  Deputy  Sealers  of  Weights  and  Measures  shall,  Monthly  report 
each  month,  make  out  arid  forward  to  the  State  Sealer  of  Weights 
and  Measures,  reports  of  all  transactions  for  the  preceding  month, 
upon  the  proper  blanks  furnished  by  the  State  Sealer  of  Weights 
and  Measures.  Said  reports  shall  be  accompanied  with  all  moneys 
due  the  state,  received  by  such  Inspector  or  Deputy  Sealer  of 
Weights  and  Measures  during  the  preceding  month. 

Deputy  Sealers  of  Weights  and  Measures  shall  pay  all  moneys   Moneys  collected,  to 
collected  by  them  for  the  purposes  designated  in  Section  26,  of  whom  paid>  when 
this  Chapter  to  the  County  or  City  treasurer  as  the  case  may  be. 
And  the  county  and  city  treasurer  shall  pay  to  the  State  Sealer 
of  Weights   and  Measures   25%    of  all  money  collected  by  the 
Deputy  Sealers  of  Weights  and  Measures,  not  later  than  the  fifth 
day  of  each  and  every  month. 

Any  weight,  measure  or  balance  of  whatever  description  that   weight^measure  or 
cannot   readily   be   adjusted   by   inspector   or   deputy   sealer  of  be^eadH 
weights  and  measures  shall  be  marked  "Out  of  Order"  and  shall  how  marked 
not  be  used  by  any  person  until  proper  repairs  shall  have  been 
made  on  the  same  and  the  sealer  or  inspector  or  deputy  sealer  of 
weights  and  measures  shall  have  properly  stamped  the  same  as 
correct. 

Any  scale,  weight  or  measuring  device  or  balance  when  worn    wVignt,  measure, 


out  and  cannot  be  repaired  or  readily  adjusted  shall  be  marked 
"Condemned"  or  "C.  D."  and  any  one  using  a  scale,  weight, 
measure  or  balance  that  is  stamped  "C.  D."  shall  be  subject  to 
punishment  as  provided  by  the  laws  of  the  state  of  Montana. 

All  blanks  or  other  materials  furnished  by  the  state  sealer  of 
weights  and  measures  to  any  county  deputy  or  city  deputy  sealer 
shall  be  paid  for  by  the  county  or  city  respectively  to  the  state 
sealer  of  weights  and  measures  the  actual  cost  thereof. 

The  weights  and  measures  accepted  and  used  by  the  govern-  9ip^I907>voLl>ch 
ment  of  the  United  States  at  the  present  time,  except  as  herein- 
after  provided,  are  the  lawful  standard  weights  and  measures  of 
the  State. 


260 


Laws  Concerning  Weights  and  Measures 


Sec.  2010 
Yard 


Sec.  301 1 
Subdivisions  of  yard 


Sec.  2012 
Rod,  mile 
Chain  and  link 


Sec.  2013 
Acre 


Sec.  2014 
Units  of  weight 


Sec.  2015 
Division  of  pound 


Ton 


Sec.  2016 
Liquid  measures 


Sec.  2017 

Barrel  and  hogshead 


Sec.  2018 
Solid  measure 


Sec.  2019 
Peck,  etc. 


Sec.  2020 
Heaped  measure 


The  standard  yard  is  the  unit  or  standard  measure  of  length 
and  surface  from  which  all  other  measures  of  extension,  whether 
lineal,  superficial  or  solid,  are  derived  and  ascertained. 

The  yard  is  divided  into  three  equal  parts,  called  feet,  and  each 
foot  into  twelve  equal  parts  called  inches;  for  measures  of  cloths 
and  other  commodities  commonly  sold  by  the  yard,  it  may  be 
divided  into  halves,  quarters,  eighths,  and  sixteenths. 

The  rod,  pole,  or  perch,  contains  five  and  a  half  yards,  and  the 
mile  one  thousand,  seven  hundred  and  sixty  yards;  the  chain  for 
measuring  land  is  twenty-two  yards  long,  and  divided  into  one 
hundred  equal  parts,  called  links. 

The  acre  for  land  measure  must  be  measured  horizontally, 
and  contains  ten  square  chains,  and  is  equivalent  in  area  to  a 
rectangle  sixteen  rods  in  length  and  ten  in  breadth;  six  hundred 
and  forty  acres  being  contained  in  a  square  mile. 

The  standard  avoirdupois  and  troy  weights  are  the  units  or 
standards  of  weight  from  which  all  other  weights  are  derived  and 
ascertained. 

The  avoirdupois  pound,  which  bears  to  the  troy  pound  the  ratio 
of  seven  thousand  to  five  thousand,  seven  hundred  and  sixty,  is 
divided  into  sixteen  equal  parts,  called  ounces;  the  hundred 
weight  consists  of  one  hundred  avoirdupois  pounds,  and  twenty 
hundred  weight  constitute  a  ton.  The  troy  ounce  is  equal  to  the 
twelfth  part  of  a  troy  pound. 

The  standard  gallon  and  its  parts  are  the  units  or  standards  of 
measure  of  capacity  for  liquids,  from  which  all  other  measures  of 
liquids  are  derived  and  ascertained. 

The  barrel  is  equal  to  thirty-one  and  a  half  gallons,  and  two 
barrels  constitute  a  hogshead. 

The  standard  half  bushel  is  the  unit  or  standard  measure  of 
capacity  for  substances  other  than  liquids,  from  which  all  other 
measures  of  such  substances  are  derived  and  ascertained. 

The  peck,  half  peck,  quarter  peck,  quart  and  pint  measures  for 
measuring  commodities  other  than  liquid  are  derived  from  the 
half  bushel  by  successively  dividing  that  measure  by  two. 

The  measures  of  capacity  for  charcoal,  ashes,  marl,  manure, 
Indian  corn  in  the  ear,  fruit,  roots  of  every  kind,  and  for  all  other 
commodities  commonly  sold  by  heap  measure,  are  the  half  bushel 
and  its  multiples  and  subdivisions;  and  the  measures  used  to 
measure  such  commodities  must  be  made  cylindrical,  with  plane 
and  even  bottom,  and  must  be  of  the  following  diameters  from  out- 
side to  outside:  The  bushel  nineteen  and  a  half  inches;  half 
bushel,  fifteen  and  a  half  inches ;  and  the  peck,  twelve  and  a  third 
inches. 


Montana 


261 


Ton 
Weieht  Per 


All  commodities  sold  by  heap  measure  must  be  duly  heaped  up   Manner1  of  keeping 
in  the  form  of  a  cone;   the  outside  of  the  measure,  by  which  the 
same  are  measured,  to  be  the  limit  of  the  base  of  the  cone,  and  such 
cone  to  be  as  high  as  the  article  will  admit. 

Contracts  made  within  this  state  for  work  to  be  done,  or  for  any- 
thing to  be  sold  or  delivered  by  weight  or  measure,  must  be  con- 
strued according  to  the  foregoing  standards. 

The  ton  consists  of  twenty  hundred  pounds,  but  a  ton  of  mineral 
coal  is  expressed  by  the  conventional  quantity  of  twenty-six  and 
one-third  bushels  of  seventy-six  pounds  each.  A  bushel  of  each 
of  the  articles  hereinafter  named  consists  of  the  number  of  pounds 
affixed  to  each  to-wit: 

Pounds. 

5° 
60 
60 

5° 

14 
60 

45 
56 
44 
5° 
5° 
60 

Any  person,  persons,  companies  or  corporations  who  shall  vio- 
late the  provisions  of  this  Section  by  demanding,  exacting,  or  tak- 
ing more  than  the  prescribed  number  of  pounds  per  bushel  or  per 
ton  as  fixed  by  the  provisions  of  this  Section,  shall  be  guilty  of  a 
misdemeanor  and  upon  conviction  thereof,  shall  be  punished  by  a 
fine  of  not  less  than  One  Hundred  Dollars,  nor  more  than  Five 
Hundred  Dollars,  or  by  imprisonment  in  the  County  Jail  not  less 
than  three  nor  more  than  six  months  or  by  both  such  fine  and  im- 
prisonment in  the  discretion  of  the  court. 

That,  from  and  after  the  passage  of  this  law,  unless  otherwise 
agreed  to  between  the  contracting  parties,  the  following  shall 
constitute  the  legal  measurement  for  hay  in  stack  in  the  State  of 
Montana:  Four  hundred  twenty-two  (422)  cubic  feet  shall  con- ton*umber cublc feet to 
stitute  a  ton  of  clean,  native,  blue  joint  hay,  after  thirty  days 
and  up  to  three  months  settlement  in  stack,  but,  when  the  same 
shall  have  been  over  six  months  in  the  stack,  three  hundred  and 
forty  (340)  cubic  feet  shall  be  considered  a  ton.  As  to  all  other 
kinds  of  hay,  after  the  same  shall  have  settled  in  stack  from  sixty 
days  up,  five  hundred  and  twelve  (512)  cubic  feet  shall  constitute 
a  ton  of  alfalfa  or  rough  slough  grass,  after  the  same  shall  have 
been  in  the  stack  thirty  (30)  days  and  up  to  one  (i)  year.  Four 


Apples  and  pears 

Pounds. 

Onions.  ... 

Barley 

48 

Parsnips 

Beans  

60 

Potatoes  

Beets  

CO 

Peas  

Bran  

20 

Rye.  .. 

Buckwheat  

12 

Salt  

Carrots  

Seeds: 

Coal,  mineral 

76 

Blue  grass 

Com  in  the  ear  

7O 

Clover  

Corn,  shelled  

C6 

Timothy  

Corn  meal   

CO 

Flax  

Hay  per  ton  

2,  OOO 

Hemp  

Lime  unslacked  

80 

Hungarian  grass  

Malt 

•3O 

Turnips      .       .    . 

Oats.  .  . 

1.2 

Wheat.  . 

Violatkm 


Penalty 


^Measurement  of  nay 


262  Laws  Concerning  Weights  and  Measures 

hundred  and  fifty  (450)  cubic  feet  shall  constitute  a  ton  of  clean 
timothy  and  clover  after  the  same  shall  have  been  in  the  stack 

Method  oi  measuring  thirty  days,  and  up  to  one  year.  Making  measurements  of  hay  in 
stack,  the  following  is  hereby  made  the  legal  method  of  measure- 
ment, to-wit:  The  width  and  length  of  the  stack  shall  be  meas- 
ured, and  the  distance  from  the  ground  against  one  side  of  the 
stack  to  the  ground  against  the  other  side  of  the  stack,  directly 
over  and  opposite,  shall  be  taken  in  linear  feet  and  inches,  and 
then  the  width  shall  be  subtracted  from  the  measurement  over 
the  stack,  as  above  indicated,  the  result  divided  by  two,  and  the 
result  so  obtained  multiplied  by  the  width,  and  the  result  thus 
obtained  multiplied  by  the  length,  which  will  give  the  number  of 
cubic  feet  contained  in  the  stack,  and  the  tonnage  shall  thereupon 
be  determined  by  dividing  the  total  number  of  cubic  feet  by  the 
number  of  cubic  feet  allowed  under  the  provisions  of  this  Act  for 
a  ton. 
voiT Art1  xinV^7'  Copies  of  the  original  standards,  to  be  made  of  such  material  as 

ofc'3",4  K  the  State  Sealer  directs,  must  be  deposited  by  him  in  the  office  of 

Standards  for  county  ..  r     1  •  •  r     1  •      r\ 

the  county  sealers  of  the  respective  counties  of  this  State,  at  the 
expense  of  the  counties,  which  are  severally  responsible  for  the 
preservation  of  the  copies  respectively  delivered  to  them, 
to  be  ^e  State  Sealer  must  cause  to  be  impressed  on  each  of  the 
copies  of  such  original  standards  the  letter  "C"  to  indicate  the 
word  correct,  and  such  other  device  as  he  may  direct  for  the  par- 
ticular county;  which  device  must  be  recorded  in  the  State  Sealer's 
office,  and  a  copy  thereof  delivered  to  the  respective  county  sealers, 
ai  Code.  1907.  p.  ^very  person  who,  in  putting  up  in  any  bag,  bale,  box,  barrel,  or 
other  package,  any  hops,  cotton,  wool,  grain,  hay,  or  other  goods 
usually  sold  in  bags,  bales,  boxes,  barrels,  or  packages,  by  weight, 
puts  in  or  conceals  therein  anything  whatever,  for  the  purpose  of 
increasing  the  weight  of  such  bag,  bale,  box,  barrel,  or  package, 
with  intent  thereby  to  sell  the  goods  therein,  or  to  enable  another 

Penalty  to  sell  the  same,  for  an  increased  weight,  is  punishable  by  fine  of 

not  less  than  twenty-five  dollars  for  each  offense. 

penai  code,  1907.  ch.     Every  person  who  knowingly  marks  or  stamps  false  or  short 
9  iaise8markin          weight  or  measure,  or  false  tare,  on  any  cask  or  package,  or  know- 
ingly sells  or  offers  for  sale,  any  cask  or  package  so  marked,  is 
guilty  of  a  misdemeanor. 

Ton,8pound  ^n  a^  sa-les  °^  coal,  hay,  and  other  commodities,  usually  sold  by 

the  ton  or  fractional  part  thereof,  the  seller  must  give  to  the  pur- 
chaser full  weight,  at  the  rate  of  two  thousand  pounds  to  the  ton; 
and  in  all  sales  of  articles  which  are  sold  in  commerce  by  avoir- 
dupois weight,  the  seller  must  give  to  the  purchaser  full  weight, 
at  the  rate  of  sixteen  ounces  to  the  pound ;  and  any  person  violating 
this  section  is  guilty  of  a  misdemeanor. 


Montana  263 


The  standard  measure  of  capacity  for  milk  shall  be  the  gallon   s^lo-19"'  ch-  138t 
containing  two  hundred  thirty-one  (231)  cubic  inches;  the  half 
gallon  shall  contain  one  hundred  fifteen  and  five  tenths  (115.5) 
cubic  inches  ;  and  the  quart  one-fourth  as  much  as  the  gallon  and 
the  pint  one-half  as  much  as  the  quart. 

The  standard  measure  for  the  sale  of  butter  and  cheese  in  the 
State  of  Montana  shall  be  sixteen  (16)  ounces  (avoirdupois  weight) 
to  the  pound  when  wrapped  or  put  up  in  container  exclusive  of  the 
wrapper  or  container.  Where  weight  and  measures  are  stated  in 
pounds  and  ounces  they  shall  be  exclusive  of  the  wrapper  or  other  weight  and 

i  j     i      11  .     •         •     A  /    f\  1    ures  to  be  exclusive  of 

container,  and  each  pound  shall  contain  sixteen  (16)  ounces,  each  wrapper  or  container 

ounce  containing  four  hundred  and  thirty-seven  and  one-half 

(437K)  grains.     Any  person,  persons,  firm  or  corporation  selling 

or  offering  for  sale  any  article  of  food  as  a  pound,  or  any  multiple 

thereof,  the  net  weight  of  which  is  less  than  sixteen  (16)  ounces, 

or  a  proper  multiple  thereof  to  represent  the  number  of  pounds 

sold  or  offered  for  sale,  shall  be  guilty  of  a  misdemeanor;  Pro- 

vided, a  reasonable  variance  shall  be  permitted,  and  that  toler-    Tolerances 

ances  shall  be  established  by  rules  and  regulations  made  by  the 

State  Board  of  Health  in  accordance  with  the  provisions  of  this  act. 

It  shall  be  the  duty  of  each  and  every  county  attorney  to  inves-   f^g  attorney  to 
tigate  charges  of  violation  of  this  act,  made  against  persons,  com-  prosecute 
panics,  corporations,  made  in  his  county  and  to  prosecute  all  cases 
where  evidence  of  guilt  is  shown. 

Any  person  or  persons  violating  section  eight,  nine,  ten,  eleven, 
twelve  or  thirteen  of  this  act,  shall  be  punished  by  a  fine  of  not 
less  than  one  hundred  dollars  ($100.00)  nor  more  than  five  hun- 
dred dollars  ($500.00),  or  by  imprisonment  for  not  less  than  six 
months  or  more  than  one  year,  or  by  both  fine  and  imprisonment 
for  each  offense. 

Any  person  or  persons  violating  any  other  section  of  this  act   Penalty 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars 
($25.00)   nor  more  than  one  hundred  dollars   ($100.00),  or  by 
imprisonment  for  not  less  than  thirty  days  nor  more  than  six 
months,  or  by  both  fine  and  imprisonment  for  each  offense. 

That  it  shall  be  unlawful  for  any  person,  persons,  association  or  ,4^ws>  I9II>  **'  **  p" 
corporation,  to  knowingly  expose  for  sale  or  sell  within  the  State   fj£ense  to  sell  coal 
of  Montana,  without  first  having  obtained  from  the  Secretary  of 
State  a  license  to  sell  any  coal  as  hereinafter  provided. 

Every  person,  persons,  association  or  corporation  desiring  to   lTp2ncation  for 
act  as  agent  for  or  to  sell  at  retail,  coal  within  the  limits  of  thellcense'howmade 
State  of  Montana,  shall  make  an  application  in  writing  to  the 
Secretary  of  State,  setting  forth  his  or  their  residence,  together 
with  the  names  of  two  or  more  responsible  citizens  of  the  State 
of  Montana  as  references. 


264  Laws  Concerning  Weights  and  Measures 

secretary  oi  state  to     The  Secretary  of  State  shall  thereupon  issue  a  license  for  such 

issueifceSe  applicant  for  one  year,   except  as  hereinafter  provided,  which 

license  shall  set  forth  the  name  of  the  person,  persons,  association 

or  corporation,  and  be  kept  conspicuously  posted  in  his,  their  or 

its  place  of  business. 

sec.  4  Every  person,  persons,  association  or  corporation  shall  pay 

annually,  upon  the  issuance  of  such  license  as  hereinbefore  pro- 
vided, the  sum  of  one  dollar  ($1.00),  to  the  Secretary  of  State  as 
a  license  fee. 

sec.  s  Licenses  shall  be  for  one  year  unless  revoked  as  subsequently 

License,  duration  of  .  .  * 

provided  herein. 

sec.  6  In  all  sales  of  coal  the  seller  must  give  to  the  purchaser  full 

weight  at  the  rate  of  two  thousand  pounds  to  the  ton. 

license  may  be  re-  The  Secretary  of  State  shall  have  power  to  revoke  the  license  of 
voked,  when  anv  person,  persons,  association  or  corporation  upon  conviction 

of  a  second  violation  of  any  law  regulating  the  sale  of  coal  within 
the  State  of  Montana;  but  no  such  revocation  shall  be  made  until 
due  notice  to  the  person,  persons,  association  or  corporation  so 
complained  of,  is  given ;  and  for  the  purpose  of  this  section  the  said 
Secretary  of  State,  or  his  authorized  agents,  shall  have  power  to 
administer  oaths  and  compel  the  attendance  of  persons,  and  the 
production  of  books,  papers,  etc. 

Misrepresentation  in  No  person,  association  or  corporation  shall  be  permitted  to  mis- 
saieofcoai  represent  to  the  public  respecting  any  coal  offered  for  sale,  nor  to 

sell  coal  of  any  particular  name  or  from  any  particular  mine  under 
the  name  or  designation  of  another  coal  or  mine. 

gee.  9  Any  person  offending  against  the  provisions  of  this  Act  shall  be 

Violation    a    misde-        .,V*  *£  .     ,  j  •    ^  c 

meanor  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 

Penalty  sentenced  to  pay  a  fine  not  exceeding  five  hundred  dollars  ($500.00) , 

and  not  less  than  fifty  dollars  ($50.00)  or  to  be  imprisoned  for 

*a  term  not  exceeding  six  months  in  the  County  Jail,  or  by  both 

such  fine  and  imprisonment. 

sec.  10  All  Acts  and  parts  of  acts  in  conflict  herewith  are  hereby  re- 

Repeal  «    j  * 

pealed. 

taeffect  This  Act  shall  be  in  full  force  and  effect  from  and  after  its  pas- 

sage. 

code,  w?pt  iv,     The  Board  of  County  Commissioners  of  any  county  is  hereby 
sESfcJ**1  authorized,  in  its  discretion,  when  petitioned  by  twenty-five  or 

county  commission-  more  residents  and  freeholders  of  the  county,  to  establish  and 

ers  may  establish  pub- ,  ,  , .  1  .,.,  .  • 

lie  scales  locate  public  scales  at  any  suitable  location  selected  by  the  county 

commissioners  within  the  county. 

cecity3 oi  scales         Such  scales  shall  be  purchased  by  the  county,  and  be  not  less 

.  than  five  tons  weighing  capacity,  and  shall  be  provided  with  glass 

or  open  front  which  can  be  observed  by  the  one  weighing  without 


Montana  265 

dismounting  from  wagon,  and  shall  be  the  property  of  the  county, 
and  at  all  times  be  under  its  control  and  subject  to  the  will  of  the 
county  commissioners. 

The  Board  of  County  Commissioners  shall  appoint  at  each  place   §£c-  *?01  . 

i  11-  1  ,11-111          1  1  1'  The  Board  of  County 

where  public  scales  are  established  by  them,  a  public  weigher,  who  commissioners  to  ap- 
shall  have  the  custody  and  care  of  such  property,  and  who  shall501 
give  a  bond  to  the  county  in  the  sum  of  $500.00,  conditioned  for 
the  safe-keeping  of  the  same,  and  for  the  faithful  and  impartial 
discharge  of  the  duties  incident  to  his  trust  in  office. 

It  shall  be  the  duty  of  each  public  weigher  to  keep  a  stub  record   l^tTof  public 
of  all  weighing  done  by  him,  which  record  and  the  receipt  issued  wei«her 
such  public  weigher  shall  show  for  whom  property  was  weighed  and 
the  character  and  kind  thereof,  and  shall  constitute  prima  facie 
evidence  of  the  facts  therein  contained ;  and  all  such  stub  records, 
or  other  records  which  the  county  Commissioners  may  require  him 
to  keep,  shall  at  all  times  be  open  to  public  inspection  during 
business  hours,  between  7.00  A.  M.  and  6.00  P.  M.  of  any  day,  save 
and  except  Sundays  and  legal  holidays,  and  such  public  weigher 
shall  file  a  sworn  statement  with  the  county  recorder  of  the  county, 
as  prescribed  by  the  County  Commissioners  thereof,  which  state- 
ment shall  show  the  date  and  character  or  kind  of  property 
weighed,  for  whom  weighed,  and  a  complete  statement  of  all  fees 
collected. 

Such  public  weigher  shall  receive  not  to  exceed  ten  cents  for   f^*903^  re  ta. 
each  receipt  issued  by  him,  and  shall  be  governed  by  such  rules  and  tions  es 
regulations  as  may  be  from  time  to  time  prescribed  or  adopted  by 
the  Board  of  County  Commissioners,  and  he  may  be  removed  at 
any  time  by  such  board. 

Any  public  weigher,  under  the  provisions  of  this  act,  who  shall  |aise2^4celpts 
make  any  false  or  fraudulent  receipt  of  any  weighing  done  by  him, 
or  shall  be  guilty  of  any  collusion  with  any  other  person  or  persons 
for  the  purpose  of  deceiving  any  person  or  persons  in  regard  to 
the  correctness  of  weights,  or  who  shall  fail  to  comply  with  the 
requirements  of  the  preceding  section,  is  guilty  of  a  misdemeanor. 

Hereafter  a  cubic  foot  of  water  (7.48  gallons)  per  second  of   Political  oxie,  1907, 
time  shall  be  the  legal  standard  for  the  measurement  of  water  in^sec2'^4'11'1412 

thic  ctafp>  Measurement  of 

tdte.  water— cubic  foot 

Where  water  rights  expressed  in  miner's  inches  have  been   Mme 
granted,  one  hundred  miner's  inches  shall  be  considered  equiva- alent  m  *allons 
lent  to  a  flow  of  two  and  one-half  cubic  feet  (18.7  gallons)  per 
second;  two  hundred  miner's  inches  shall  be  considered  equiva- 
lent to  a  flow  of  five  cubic  feet  (37.4  gallons)  per  second,  and 
this  proportion  shall  be  observed  in  determining  the  equivalent 
flow  represented  by  any  number  of  miner's  inches. 


266  Laws  Concerning  Weights  and  Measures 

P  ^r5'  I9IIf  cb'  I20>     The  state  coal  mine  inspector  is  hereby  made,  equally  with  the 
£ec-j°  .  .county  clerk,  ex  officio  sealer  of  weights  and  measures,  in  so  far 

Ex    officio    sealer    of-'  .  ?  ,         .     .  ..  -      . 

weights  and  measures  as  the  same  relates  to  coal  mines  and  coal  mining,  and  as  such  is 
empowered  to  test  and  compare  all  weights  and  measures  used  in 
weighing  and  measuring  coal  at  any  coal  mine,  or  used  in  measur- 
ing air  passages  or  other  openings  in  coal  mines,  with  the  standards 
of  weights  and  measures  kept  by  the  county  clerk  of  any  county. 
Upon  the  written  request  of  any  coal  mine  owner  or  operator  or 
ten  coal  miners  employed  at  any  one  mine,  it  shall  be  his  duty  to 
test  and  prove  any  scale  or  scales  at  such  mine  against  which 
complaint  is  directed,  and  if  he  shall  find  that  they  or  any  of  them 
do  not  weigh  correctly,  he  shall  call  the  attention  of  the  mine 
owner,  lessor  or  operator  to  the  fact  and  direct  that  said  scale 
or  scales  be  at  once  overhauled  and  readjusted  so  as  to  indicate 
only  true  and  correct  weights,  and  he  shall  forbid  the  further 
operation  of  such  scale  until  such  scales  are  adjusted.  In  the 
event  that  such  test  shall  conflict  with  any  test  made  by  any  county 
sealer  of  weights  and  measures,  or  under  and  by  virtue  of  any 
municipal  ordinance  or  regulation,  then  the  test  by  such  state 
coal  mine  inspector  shall  prevail, 
ttondard  test  weights  For  the  purpose  of  carrying  out  the  provisions  of  this  act,  the 

to  be  furnished  state  coal  mine  inspector  shall  be  furnished  by  the  state  with  such 
sets  of  standard  weights  suitable  for  testing  the  accuracy  of  track 
scales,  and  of  all  smaller  scales  at  mines,  as  may  in  the  judgment 
of  the  state  coal  mine  inspector  be  necessary;  said  test  weights 
shall  remain  in  the  custody  of  the  state  coal  mine  inspector  for 
use  at  any  point  within  the  state,  and  for  any  amounts  expended 
by  him  for  the  storage,  transportation  or  the  handling  of  the 
same,  he  shall  be  fully  reimbursed  upon  making  entry  of  the 
proper  items  in  his  expense  voucher. 

p.^s>  I9I1>  ch-  I20>     Any  person  or  persons  having  or  using  any  scale  or  scales  for 
liust6  not  use  false  ^ne  purpose  of  weighing  the  output  of  coal  at  mines  must  not 

weights  arrange  or  construct  them  so  that  fraudulent  weighing  may  be 

done  thereby,  and  must  not  knowingly  resort  to  or  employ  any 
means  whatsoever  by  reason  of  which  such  coal  is  not  correctly 
weighed  and  reported  in  accordance  with  the  provisions  of  this 
act. 


NEBRASKA 


The  standard  of  weights  and  linear  measures  shall  be  the  same 
as  that  established  by  act  of  congress  for  the  several  states,  except 
that  the  ton  shall  consist  of  two  thousand  pounds. 

A  bushel  shall  consist  of  two  thousand  one  hunderd  and  fifty 
cubic  inches.  The  half-bushel,  peck,  and  half-peck  shall  consist  of 
the  proper  division  and  subdivision  of  the  bushel. 

A  gallon  shall  consist  of  two  hundred  and  thirty-one  cubic 
inches. 

A  pound  avoirdupois  shall  consist  of  seven  thousand  grains  in 
Troy  weight. 

A  bushel  of  each  of  the  articles  enumerated  in  this  section  shall 
consist  of  the  number  of  pounds  respectively  affixed  to  each,  viz:  1 


Cob  bey's  Com  p. 
Stats.,  1909,  ch.  59,  p. 
2235 

(1866,  1903) 

Sec.  12250 

Standards 

Ton 

Sec.  12251 

Bushel 


Sec.  12252 
Gallon 


Sec.  12253 
Pound 


Apples,  dried  

Pounds. 
.  .  per  bushel  .  .         24 

Potatoes,  sweet. 

Pounds. 

C.O 

Barley  

48 

Peas  .  . 

60 

Beans,  castor  ...    . 

46 

Rye 

«6 

Beans,  white  

.    .    .                         60 

Seeds' 

Bran  

20 

Blue  grass.  ... 

14 

Buckwheat  

C2 

Clover  

60 

Coal  ,  stone  

80 

Flax.   . 

efi 

Corn,  ear  

7O 

Hemp  

AA 

Corn,  shelled  

56 

Hungarian  grass  

CQ 

Corn  meal  

co 

Millet  

CQ 

Hair  for  plastering.  . 

8 

Osage  orange 

•32 

Hay.. 

per  ton  .  .   2,  ooo 

Sorghum  

CQ 

Honey,  strained  .  .  . 

.  .per  gallon.  .         12 

Timothy  grass  

AC 

Lime,  unslacked.  .  . 

.  .  per  bushel  .  .         80 

CO 

Malt,  barley  

30 

Turnips  . 

cc 

Oats  

32 

Wheat  

60 

Onions  

C7 

Spelts  

40 

Onions  sets  

2? 

Alfalfa  

60 

Peaches,  dried  

7-2 

Green  apples  . 

48 

Potatoes,  Irish.  . 

60 

„  (zS66< 

e  c  .      12254, 


ushel 


Ton  of  hay 
Gallon  of  honey 


Any  person  who  shall  knowingly  keep  false  weights  or  measures,    sec.  i^sf^ 
and  shall  buy  and  sell  articles  thereby,  shall  forfeit  and  pay,  upon  measure3Weights 
conviction,  a  fine  of  not  less  than  five  nor  more  than  twenty-five   Fine 
dollars,  to  be  recovered  before  any  court  having  competent  juris- 
diction ;  the  fine  shall  be  appropriated  to  the  use  of  common  schools 
in  the  same  county;  he  shall  also  be  liable  to  the  injured  party  in 
double  the  amount  of  damages,  with  costs  of  suit. 

1  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  articles. 

267 


and 


268 


Laws  Concerning  Weights  and  Measures 


Sec.  12256 
Public  scales 


Sec.  12257 
Weighmaster 


Sec.  12258 
Scales,  testing 


Sec.  12259 
Disputes 


Sec.  12260 
Weighmaster,  salary 


Sec.  12261 

Townships   under 
commissioner  system 
Petition  for  scales 


(iQOl) 

Sec.  12262 
Brick,  size 


Sec.  12263 
Brick,  selling 


Sec.  12264 
Contractors 


That  scales  may  be  erected  in  the  State  of  Nebraska  for  public 
use  at  public  expense.  Provided,  that  counties  under  township 
organization  may  adopt  the  privilege  granted  by  this  act  by  town- 
ships. At  the  annual  meeting  of  such  township  such  meeting  may 
determine  the  location  and  number  of  such  scales  to  be  erected 
and  located  in  said  township  and  levy  a  tax  to  pay  for  same. 

When  such  scales  shall  be  erected  it  shall  be  the  duty  of  the 
"Township  Board "  to  appoint  a  weigh-master  upon  petition  of  the 
electors  living  in  the  immediate  vicinity  of  the  scales  so  located, 
who  shall,  under  oath,  promise  to  perform  the  duties  of  his  office 
faithfully  and  honestly  and  the  weigh-master  so  appointed  shall 
continue  in  office  until  removed  by  the  "Township  Board,"  or  by 
resignation. 

The  scales  shall  be  first  class  and  of  standard  make.  The  Town- 
ship Board  shall  from  time  to  time,  as  in  their  judgment  seems 
necessary,  test  the  scales  as  to  their  accuracy  and  properly  adjust 
the  same. 

Whenever  disputes  arise  between  two  parties  within  the  limits 
of  the  Township  where  such  scales  are  located,  over  the  first  weigh- 
ing of  any  article,  the  same  shall  be  weighed  a  second  time  on  said 
public  scales;  and  the  weigh-master's  receipt  therefor  shall  be 
final. 

The  Township  Board  shall  fix  and  regulate  the  fee  or  salary  of 
said  weighmaster  and  the  fees  for  weighing,  Provided  nothing  in 
this  act  shall  be  construed  to  prevent  the  public  from  using  such 
scales,  without  employing  the  weighmaster,  subject  to  the  rules  to 
be  made  by  the  Township  Board  of  such  township. 

Townships  in  counties  under  commissioner  system,  wishing 
to  adopt  the  provisions  of  this  act,  shall  petition  to  the  com- 
missioners of  such  county,  and  where  a  majority  of  the  electors 
so  petition,  the  same  shall  be  granted:  Provided,  that  all  duties 
and  powers  imposed  upon  Township  Officers  by  the  provisions 
of  this  act  where  counties  are  under  Township  organization 
system  shall  be  performed  by  the  county  commissioners  of 
counties  under  commissioner  system. 

That  the  standard  size  of  brick  sold  in  the  State  of  Nebraska 
shall  be  eight  and  one-fourth  (8>^)  inches  long,  four  (4)  inches 
wide  and  two  and  one-half  (2^2)  inches  thick. 

It  shall  be  unlawful  for  any  person,  persons  or  corporation  to 
sell  any  brick  of  any  other  size  than  that  specified  in  section  i 
[12262]  of  this  act,  without  notifying  the  purchaser  in  writing  of 
the  size  of  such  brick  at  the  time  of  the  sale. 

Any  contractor  or  builder  who  shall  furnish  any  brick  not  of 
the  standard  size  provided  in  section  i  [12262]  of  this  act,  shall 
be  considered  as  subject  to  the  provisions  of  this  act. 


Nebraska  269 

Any  person,  persons  or  corporation  violating  any  of  the  pro- 
visions  of  this  act,  shall,  on  conviction,  be  fined  in  any  sum  not 
less  than  one  hundred  ($100)  dollars  nor  more  than  five  hundred 
($500)  dollars. 

There  is  hereby  created  a  Food,  Dairy  and  Drug  Commission  $££*%£?  '  s  Comp> 

' 


for  the  State  of  Nebraska,  for  which  the  usual  facilities  for  trans-    Sec'98(Ig907) 
acting  its  business  and  carrying  out  the  provisions  of  this  act    commission  created. 
shall  be  furnished,  the  same  as  for  other  executive  departments 
of  the  state  government. 

The  Governor  of  this  State  is  hereby  made  the  Food,  Drug  and    Sec 
Dairy  Commissioner  of   said   Commission   and  there   is  hereby 
devolved  upon  him  the  duty  of  executing  all  the  provisions  of  this  ^a  regulations 
act  and  all  other  acts  in  force  or  which  may  be  hereafter  enacted 
relating  to  food,  drug  and  dairy  products;    *    *    *.     In  executing 
the  provisions  relating  to  food,  drug  and  dairy  products;  the 
Food,  Drug  and  Dairy  Commissioner,  shall,  from  time  to  time, 
make,  promulgate  and  enforce  such  rules  and  regulations  as  may 
be  necessary  or  proper  to  a  prompt  and  effective  enforcement  of 
this  act,  in  accordance  with  its  true  intent.     *    *     * 

(a)  The  following  foods  when  sold  in  package  form  require  a  pr^^tll™  ?y°'  the 
statement  on  the  outside  of  the  package  of  the  net  weight  or  c£££5£S5ed  weight 
measure  of  the  contents:  or  measure 

Lard,  and  its  substitutes,  cottolene. 

Wheat  products  which  include  flour,  crackers,  bran,  puffed 
wheat,  cream  of  wheat,  wheat  flakes  or  any  food  made  sub- 
stantially from  wheat. 

Oat  products  —  oatmeal,  and  any  food  made  from  oats. 

Corn  products  —  corn  meal,  corn  flakes,  etc. 

Mixtures  of  the  above  products. 

Sugar  —  loaf  sugars  in  packages,  granulated  in  sacks,  syrup  and 
molasses,  in  cans  or  pails. 

Tea,  coffee  and  dried  fruits. 

The  above  does  not  apply  to  packages  put  up  by  the  retailer. 

(6)  A  reasonable  variation  from  the  stated  weight  for  individual 
packages  is  permissible,  provided  this  variation  is  as  often  above 
as  below  the  weight  or  volume  stated.  This  variation  shall  be 
determined  from  the  changes  in  the  humidity  of  the  atmosphere, 
from  the  exposure  of  the  packages  to  evaporation  or  to  absorption 
of  water,  and  the  reasonable  variations  which  attend  the  filling 
and  weighing  or  measuring  of  a  package. 

(c)  In  a  recent  decision,  the  State  Supreme  Court  held  that 
all  wheat  products  and  lard  sold  in  package  form  must  be  labeled 
with  the  net  weight.  This  includes  in  the  case  of  wheat  products, 
crackers,  and  all  kinds  of  cookies  sold  in  package  form. 

In  the  case  of  lard,  all  lard  and  its  substitutes  put  up  in  packages. 


270  Laws  Concerning  Weights  and  Measures 

After  January  i,  1912,  all  mixtures  and  compounds  of  lard 
must  be  labeled  with  the  net  weight. 

Notice  is  hereby  given  that  on  and  after  July  i ,  191  T  ,  all  packages 
of  crackers,  cookies  and  lard  must  bear  a  statement  of  the  net 
weight. 

stats bibeys  Comp'      That  for  the  purpose  of  this  act  an  article  shall  also  be  deemed 
ec  Ig(l("'7)  to  be  misbranded:     *     *     *     In  the  case  of  food,  or  malt,  spiritu- 

package  foods,  net  ous  or  vinous  liquors :  *  *  *  Third.  If  sold  for  use  in  Nebraska 
and  in  package  form,  other  than  canned  corn;  if  every  such  pack- 
age, as  branded  and  named  below,  does  not  have  a  correct  state- 
ment clearly  printed,  on  the  outside  of  the  main  label,  of  the 
contents  and  also  of  the  net  weight  or  measure  of  the  contents 
exclusive  of  the  container,  viz,  all  dairy  products,  lard,  cottolene, 
or  any  other  article  used  for  a  substitute  for  lard,  wheat  products, 
oat  products  and  corn  products  and  mixtures,  prepared  or  unpre- 
pared, sugar,  syrup  and  molasses,  tea,  coffee  and  dried  fruit. 
package8  ex~  Provided,  however,  that  the  provision  shall  not  apply  to  packages 
put  up  by  the  retailer,  nor  to  packages  on  hand  by  any  retailer 
at  the  time  of  taking  effect  of  this  act.  Fourth.  In  case  of  liquids, 
other  than  medicines,  if  the  true  quantity  in  container  thereof  is 

^Faise  labeling  forbid-  not  correctly  stated  thereon.     Fifth.  If  the  package  containing  it, 
or  the  label  thereon,  shall  bear  any  statement,  design  or  device 

^Prizes,  premiums  or  sha\{  j->e  faise  or  misleading  in  any  particular.  Sixth.  In  case  of 
food  products,  if  there  be  contained  in  the  package  any  gifts, 
premiums  or  prizes.  Provided,  that  an  article  of  food  which 
does  not  contain  any  added  poisonous  or  deleterious  ingredients 
shall  not  be  deemed  to  be  adulterated  or  misbranded  in  the  follow- 
mS  cases:  First.  In  the  case  of  mixtures  or  compounds  which  may 
be  now  or  from  time  to  time  hereafter,  known  as  articles  of  food, 
under  their  own  distinctive  names,  and  not  an  imitation  of,  or 
offered  for  sale,  under  the  distinctive  name  of  another  article, 
if  the  name  be  accompanied  on  the  same  label  or  brand  with  a 
statement  of  the  place  where  said  article  has  been  manufactured 
I  or  produced,  the  net  weight  or  measure  of  contents,  and  in  case  of 

qu!red  syrups  the  per  cent  of   each   ingredient  composing   said   food. 

Provided  that  the  net  weight  or  measure  shall  not  apply  to  mix- 
tures and  compounds  on  hand  prior  to  January  i,  1912.  *  *  * 

stets  bib<^y  s  Comp'      Whoever  shall  expose  for  sale  or  sell  within  this  state,  any  paint 
sec.  98^ip)  which  is  labeled  or  marked  in  any  manner  so  as  to  tend  to  deceive 

Misbranded  paints,  the  purchaser  as  to  its  nature  or  composition,  or  which  is  not 

penalty  for  selling  *         i<i»i  1  f 

accurately  labeled  as  hereinafter  required,  shall  be  guilty  of  a 
misdemeanor,  and  for  each  offense  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  of  not  less  than  twenty-five  dollars,  and  not 
more  than  one  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  not  exceeding  sixty  days. 


Nebraska  271 


The  label  required  by  this  act  shall  clearly  and  distinctly  state   Sec 
the  name  and  residence  of  the  manufacturer  of  the  paint,  or  the   Labeling  of  paints, 

«.    ..,  .1  ,.  r    ,,  *  ,,  .  weight  or  measure  to 

distributor  thereof,  or  of  the  party  for  whom  the  same  is  manu-  be  marked 
factured  and  show  the  name,  *  *  *.  Said  label  to  clearly 
state  in  addition  to  the  before  mentioned  matter,  the  quantity 
contained  in  the  package,  this  in  the  case  of  liquid  or  mixed  paints, 
to  be  designated  in  U.  S.  standard  gallons  or  fraction  thereof, 
and  in  the  case  of  paste  or  semipaste  paints  such  as  commonly 
sold  by  weight  to  be  shown  by  weight  avoirdupois.  Said  label 
shall  be  printed  in  the  English  language  in  plain,  legible  type. 

In  addition  to  the  powers  herein  granted,  cities  governed  by    Cobb^?^  Comp 
this  act  shall  have  power  by  ordinance:  stsec  C6ii37'  art'  J 

(Applicable  to  cities  heretofore  incorporated  as  cities  of  the   Additional  powers 
metropolitan  class  1  and  all  cities  which  shall  attain  a  population 
of  100,000  inhabitants.) 

To  regulate  the  weighing  and  measuring  of  hay,  wood,  and    weightl,  measures, 
other  articles  exposed  for  sale,  and  of  all  coal  sold  or  delivered  and  msPecdon 
within  the  city,   and  to  provide  for,   license,   and  regulate  the 
inspection  and  sale  of  meats,  flour,  poultry,  fish,  milk,  vegetables 
and  all  other  provisions  or  articles  of  food  exposed  or  offered  for 
sale  in  the  city,  and  to  prescribe  the  weight  and  quality  of  bread   Bread 
exposed  or  offered  for  sale  in  the  loaf.     Also  to  provide  for  the 
inspection  of  weights  and  measures  or  weighing  apparatus. 

In  addition  to  the  powers  herein  granted,  cities  governed  under    .    .  .  (i°0,l)0 

..  *     «  •  1111  i  1-  Cobbeys  Comp. 

the  provisions  of  this  act  shall  have  power  by  ordinance  :  stat.,  1909,  ch.  37,  Art. 

(Applicable  to  cities  having  a  population  of  more  than  40,000   sec.S 

,    ,  ,,  •    •.      ,•.  -c  Ordinances  and  pow- 

and  less  than  100,000  inhabitants.)  ers 

To   establish   standard   weights   and   measures,   and   regulate   t^guute  weighing 
the  weights  and  measures  to  be  used  in  the  city,  and  to  regulate  and  measurin8: 
the  measuring  of  every  commodity  sold  in  the  city,  in  all  cases 
not  otherwise  provided  by  law,  and  to  prohibit  the  use  of  imper- 
fect weights,  measures  and  weighing  apparatus. 

To  provide  for  the  inspection  and  weighing  of  hay  and  grain   ^p|ct*6and  regulate 
and  coal,  the  measuring  of  wood  and  fuel  to  be  used  in  the  city,  ™le  of  fuel-  *ram>  and 
and  to  determine  the  place  or  places  of  the  same,  and  to  regulate 
and  prescribe  the  place  or  places  of  exposing  for  sale  hay,  coal 
and  wood;  to  fix  the  fees  and  duties  of  persons  authorized  to 
perform  such  duties. 

In  addition  to  the  powers  herein  granted,  cities  governed  under   cob^ey^comp. 
the  provisions  of  this  act  shall  have  power  by  ordinance:  nft.1^  ch'  37i  ***" 

(Applicable  to  cities  having  less  than  40,000  and  more  than   |^|^6 
25,000  inhabitants.) 

To  regulate  the  weighing  and  measuring  of  hay,  wood,  and   Ieecgu8^i  markets, 
other  articles  exposed  for  sale,  and  of  all  coal  sold  or  delivered  weights  and  measurea 


i  Omaha. 


272  Laws  Concerning  Weights  and  Measures 

within  the  city,  and  to  provide  for  licensing  and  regulating  the 
inspection  and  sale  of  meats,  poultry,  fish,  milk,  vegetables,  and 
Bread  all  other  provisions  or  articles  of  food  exposed  or  offered  for  sale 

in  the  city,  and  to  prescribe  the  weight  and  quality  of  bread 
exposed  or  offered  for  sale  in  the  loaf.  Also  to  provide  for  the 
inspection  of  weights  and  measures  or  weighing  apparatus. 

stat°bibey<*  °°  A^'      In  addition  to  the  powers  herein  granted  cities  governed  under 
iv,  p.  1487 ^  '  the  provisions  of  this  act  shall  have  power  by  ordinance: 

sec. ssv01  (Applicable  to  cities  having  a  population  of  from   5,000  to 

Ordnance— powers  v     "" 

2  5,000-)  __ 

sec.(8M6 19°s)  To  establish  standard  weights  and  measures  and  to  regulate 

^weights  and  meas-  we ights ,  meters  and  measures  to  be  used  in  the  city,  and  to  regu- 
late the  weighing  and  measuring  of  every  commodity  sold  in  the 
city,  including  water,  gas  and  electric  light  in  all  cases  not  other- 
wise provided  by  law,  and  to  prohibit  and  punish  the  use  of  imper- 
fect weights,  measures,  weighing  apparatus  and  meters, 
aei  and  feed  To  provide  for  the  inspection  of  electric  light,  water  and  gas 
meters,  and  the  inspection  and  weighing  of  hay,  grain  and  coal 
and  the  measuring  of  wood  and  fuel  to  be  used  in  the  city,  and  to 
determine  the  place  or  places  of  the  same,  and  to  regulate  and 
prescribe  the  place  or  places  of  exposing  for  sale  of  hay,  coal  and 
wood  and  to  provide  for  the  appointment  of  an  inspector  and  to 
fix  the  fees  and  duties  of  the  inspector  and  of  other  persons  author- 
ized to  perform  such  duties. 

^Art!     In  addition  to  the  powers  hereinbefore  granted  cities  and  vil- 
V>P'IS4(wo)  lages  under  the  provisions  of  this  chapter,  each  city  and  village 

Additional  powers     mav  enact  ordinances  or  by-laws  for  the  following  purposes. 

(Applicable  to  cities  having  a  population  of  from  1,000  to  5,000 
inhabitants,  and  to  villages  having  a  population  of  from  200  to 
i  ,500  inhabitants.) 

Established  weights     To  establish  standard  weights  and  measures  and  regulate  the 

and  measures  weights  and  measures  to  be  used  in  the  city  or  village,  and  to 

regulate  the  weighing  and  measuring  of  every  commodity  sold  in 

the  city  or  village,  in  all  cases  not  otherwise  provided  by  law. 

inspection  and  weigh-     To  provide  for  the  inspection  and  weighing  of  hay,  grain,  and 

ing  of  merchandise      CQ^  the  measuring  of  wood  and  fuel  to  be  used  in  the  city  or 

village,  and  to  determine  the  place  or  places  of  the  same,  and  to 

regulate  and  prescribe  the  place  or  places  of  exposing  for  sale  hay, 

coal,  and  wood;  to  fix  the  fees  and  duties  of  persons  authorized 

to  perform  the  duties  named  in  this  subdivision. 

cob  bey's  comp.     Any  person  or  persons  who  shall  knowingly  and  wilfully  sell,  or 

Stat.,  1909,  p.  320  -,•          .  .,  .       i   •  J 

(1873, 1893)       direct,  or  permit  any  person  or  persons  m  his  or  their  employ  to 
Fraud2Iln  weighing  sell  any  commodity  or  article  of  merchandise,  and  make  or  give 

commodities  i*    i  i        j_  •    1  j_ 

any  false  or  short  weight  or  measure,  or  any  person  or  persons 
owning  or  keeping,  or  having  charge  of  any  scales  or  steelyards 


Nebraska  273 

for  the  purpose  of  weighing  live-stock,  hay,  grain,  coal,  or  other 
articles,  who  shall  knowingly  and  wilfully  report  any  false  or 
untrue  weight,  whereby  any  other  person  or  persons  may  be 
defrauded  or  injured;  such  person  or  persons  shall  be  fined  in  any 
sum  not  exceeding  fifty  ($50)  dollars,  or  be  imprisoned  in  the  jail 
of  the  county  not  exceeding  thirty  (30)  days,  at  the  discretion  of 
the  court,  and  also  be  answerable  to  the  party  defrauded  or  injured 
in  double  damages. 

That  every  person,  firm  or  corporation  engaged  in  operating    cobbeT^comp. 
any  railroad  within  the  state  of  Nebraska,  over  which  coal  andf^-  '^  ch-  47.  P. 
other  commodities  in  carload-lots  shall  be  transported  for  hire,    |^-c^°leg 
shall  equip  the  line  of  its  track  and  thereafter  maintain  thereon 
in  good  order  track-scales    of  sufficient  capacity  to  weigh  full 
carloads  of  any  and  all  kinds  of  merchandise,  coal,  grain  or  other 
property  that  may  be  transported  over  the  said  railroad,  and  to 
weigh  the  same  at  the  request  of  any  owner,  consignor  or  con- 
signee of  such  property  and  furnish  written  certificates  of  such 
weights  to  such  owner,  consignor  and  consignee  as  hereinafter 
provided. 

Such  track-scales  shall  be  so  installed  and  maintained  at  all   |eai,J(2iIIwhere  Jn_ 
division  stations  along  the  line  of  such  railroads  within  the  state  stalled 
of  Nebraska,  and  at  such  other  stations  as  the  State  Railway  Com- 
mission shall  from  time  to  time  direct. 

The  owner,  consignor  or  consignee  of  any  carload  lots  of  grain,  f^£££  certificates 
coal,  merchandise  or  other  property  in  course  of  transportation 
over  any  railway  within  the  state,  transporting  the  same  for  hire, 
may  request  in  writing  any  agent  of  the  operators  of  such  railway 
to  weigh  any  such  carloads  of  grain,  coal,  merchandise  or  other 
property  in  course  of  transportation  and,  upon  such  request  being 
received,  it  shall  become  the  duty  of  the  operators  of  such  railroad 
to  weigh  the  car  or  cars  designated  in  such  written  request,  together 
with  their  contents,  upon  such  track  scale  as  may  be  designated  in 
such  written  request  over  which  such  car  or  cars  in  the  regular 
course  of  transit  will  thereafter  pass,  and  deliver  to  the  person 
making  such  request  a  written  certificate,  showing  the  name  and 
number  of  the  car  so  weighed,  the  date  of  the  taking  of  such 
weight  and  the  place  where  weighed,  with  the  number  of  pounds 
of  gross  and  net  weights,  and  after  deducting  the  tare  marked  on 
the  car  from  such  gross  weight,  the  certificate  so  executed  and 
delivered  shall  be  admissible  evidence  against  such  railway 
company  in  any  legal  proceeding  thereafter  instituted  or  then 
pending  against  any  such  carrier  weighing  and  transporting  the 
property  contained  in  such  car  or  cars  of  all  the  facts  stated  in 
such  certificate. 

8578°— 12 18 


274  Laws  Concerning  Weights  and  Measures 

i^m^whereno  Wherever  any  carload  lot  of  merchandise,  coal,  grain  or  other 
scales  property  shall  be  delivered  for  transportation  for  hire  to  any  car- 

rier by  railroad  within  this  state  consigned  to  any  person  at  a 
station  on  the  line  of  the  railroad  of  such  carrier,  or  upon  any 
other  railroad  within  this  state,  where  no  track  scale  is  located 
and  maintained,  and  such  car  in  the  course  of  transit  will  not  pass 
a  track  scale  on  the  line  of  such  connecting  carrier,  it  shall  imme- 
diately become  the  duty  of  such  initial  carrier  to  cause  the  same 
to  be  weighed  in  the  manner  required  by  the  third  section  of  this 
act  on  the  track  scale  located  nearest  the  station  to  which  such 
car  is  consigned,  and  to  stamp  upon  the  way  bill  for  such  car,  all 
of  the  matters  required  to  be  set  out  in  the  certificate  provided  for 
in  the  third  section  of  this  act;  but  where  coal,  grain,  merchandise 
or  other  property  in  carload-lots  is  consigned  to  stations  where 
track-scales  are  located  and  the  consignee  requests  the  same 
weighed,  such  weights  shall  be  taken,  both  gross  and  tare,  with 
the  car  uncoupled,  on  such  track  scales  at  the  point  of  destination. 

vioiationofact  Any  railroad  company  operating  in  this  state  violating  any  of 

the  provisions  of  this  act,  by  neglecting  or  refusing  to  furnish 
weights  as  herein  provided,  shall  upon  conviction  thereof  be 
fined  in  the  sum  of  one  hundred  dollars  for  each  and  every  such 
violation,  to  be  recovered  by  the  state  in  an  action  in  its  name 
upon  complaint  of  any  owner,  consignor  or  consignee  of  the  prop- 
erty which  such  carrier  may  refuse  to  weigh,  made  before  any 
court  of  competent  jurisdiction. 

sess.  Laws,  1911,  ch.  The  Nebraska  State  Railway  Commission  shall  have  power, 
9Sw'e3isghTn3g  cars,  and  it  shall  be  its  duty  to  enforce  reasonable  regulations  for  the 
weighing  of  cars  and  of  freight  offered  for  shipment  or  transported 
within  this  state. 

sec.  4  All  track  scales  used  by  common  carriers  for  the  purpose  of 

Track  scales  •    1   •  r      •    1        •  111  •    -,  •          *  .  «      *5 

weighing  freight  in  carload  lots  within  this  state  shall  be  under 
the  control  and  direction  and  jurisdiction  of  the  Commission  and 
subject  to  inspection  by  it  or  under  its  direction. 
|ec  s  .  The  Commission  shall  have  power  either  on  its  own  motion  or 

Same,  inefficient  ,     .          .,  , 

on  complaint  being  made  to  determine  whether  any  such  track 
scale  is  defective  or  inefficient,  or  whether  the  time,  manner  or 
method  of  using  same  is  unreasonable,  ineffective  or  unjust,  and 
shall  have  power  to  condemn  any  such  scale  found  to  be  defective 
or  inefficient  and  prohibit  the  use  of  the  same  while  in  that  condi- 
tion, and  to  render  such  decision  and  to  make  such  order,  rule  or 
regulation  as  may  be  deemed  necessary  or  advisable. 

vitiation  of  act;  pen-      Any  officer,  agent  or  representative  of  any  Railway  Company  or 

a°y  common  carrier  who  shall  violate  any  of  the  provisions  of  this  act, 

or  who  shall  fail  or  refuse  to  obey  and  carry  out  any  decision, 

order,  rule  or  regulation  of  the  Nebraska  State  Railway  Commis- 


Nebraska  275 

sion  duly  entered  in  conformity  with  the  provisions  of  this  act, 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
fined  for  each  offense  a  sum  of  not  less  than  $100  nor  more  than 
$500,  or  by  imprisonment  in  the  county  jail  not  less  than  ten 
days  nor  more  than  thirty  days,  or  both,  within  the  discretion  of 
the  court. 

All  cream  sold  in  the  State  of  Nebraska  for  the  purpose  ol  sSf^S^f^h». 
butter-making  shall  be  tested  for  butter  fat  by  the  following  pre-  w ' 
scribed  method:  the  Babcock  test  shall  be  employed,  and  samples    sec. 9838' J{ 

«    .  ,.  1      11    i_  •    1      j  •-     1  i  i  11  Milk  and  cream;  how 

used  in  testing  shall  be  weighed  on  a  suitable  scale  or  balance,  tested 
and  where  eighteen  grams  are  used  as  a  sample  the  same  shall  be 
tested  in  a  nine  inch  bottle  graduated  to  at  least  five-tenths  per 
cent,  or  where  nine  grams  are  used  as  a  sample  the  same  shall  be 
tested  in  a  six  inch  bottle  graduated  to  at  least  five-tenths  per 
cent,  also  graduated  to  give  full  reading  of  the  test,  and  in  all 
tests  the  column  of  butter  fat  shall  be  read  between  the  tempera- 
ture of  one  hundred  and  twenty  degrees  and  one  hundred  and 
forty  degrees  Fahrenheit;  and  all  bottles,  glass-ware  and  scales 
used  in  making  tests  of  milk  or  cream  as  herein  required  shall 
have  stamped  thereon  the  approval  of  the  Food,  Dairy  and  Drug 
Commission. 

The  standard  of  measurement  for  flowing  water  shall  be  ast^b^y  >s  Comp- 
cubic  foot  per  second  of  time,  both  for  determining  the  flow  of  (**«) 

1  j     r          it,  r     J-    j.    -i-     A'  Sec.  681 1,  as  amended 

water  in  natural  streams  and  for  the  purpose  of  distribution  by  sess.  Laws,  i9n. 

therefrom  when  appropriations  have  been  made  for  direct  flow. ct 

The  standard  of  measurement  of  the  volume  of  water  shall  be  an  me^sireme5n'tndard  * 

acre-foot,  equivalent  to  43,560  cubic  feet,   and  when  water  is 

stored  in  any  natural  or  artificial  reservoir,  it  shall  be  used  for 

determining  the  capacity  of  such  storage  reservoirs,  the  amount 

stored  and  the  amount  used  therefrom.     What  is  known  as  the    Miner's  inch 

miner's  inch  shall  be  regarded  as  one-fiftieth  of  a  cubic  foot  per 

second  in  all  cases. 


NEVADA 

The  standard  weights  and  measures  as  have  been  adopted  by  37Laws- I9II>  ch- 43>  p- 
the  Government  of  the  United  States  of  America,  and  such  weights,    sec.  i 

.  ,  ,  P  -i  Government     stand  - 

measures,  balances  and  measuring  devices  as  heretofore  have  been,  ards  oi  weights,  meas- 

or  hereafter  may  be,  furnished  this  state  by  the  United  States,  as  ures>  etc" adopted 

standard  weights,  measures,  balances  and  measuring  devices,  shall 

be  the  legal  standard  of  weights  and  measures  throughout  the  State 

of  Nevada.     This  section  shall  not  prevent  the  use  of  the  weights 

and  measures  of  the  metric  system,  authorized  by  congress  of  the 

United  States,  as  it  appears  in  the  revised  statutes  of  the  United 

States. 

The  unit  of  standard  measure  of  length  and  surface,  from  which    ^^tag  yard  and 
all  other  measures  of  extension,  whether  lineal,  superficial  or  solid,  fractions 
shall  be  derived  and  ascertained,  is  the  standard  yard,  adopted  by 
the  Government  of  the  United  States.     The  yard  shall  be  divided 
into  three  equal  parts,  called  feet,  and  each  foot  into  twelve  equal 
parts,  called  inches.     For  the  measure  of  cloth  and  other  commodi- 
ties commonly  sold  by  the  yard,  it  may  be  divided  into  halves, 
quarters,  eighths  and  sixteenths. 

The  rod,  pole  or  perch  shall  contain  five  and  a  half  standard   ^^^  rod>  etc. 
yards,  and  the  mile,  one  thousand  seven  hundred  and  sixty  such 
yards.     The  chain  for  measuring  land  shall  be  twenty-two  standard 
yards  long,  and  be  divided  into  one  hundred  equal  parts,  called 
links. 

The  acre  for  land  measure  shall  be  measured  horizontally,  and   se°  4 

,     .  ,      .  ,  ,  ,        ,    .  J.  '        ,        Acre  and  square  mile 

contain  ten  square  chains,  and  be  equivalent  in  area  to  a  rectangle  defined 
sixteen  rods  in  length  and  ten  rods  in  breadth.     Six  hundred  and 
forty  acres  shall  be  contained  in  a  square  mile. 

The  perch  of  mason  work  or  stone  shall  consist  of  twenty-five   f^ 
cubic  feet. 

The  units  of  standards  of  weights  from  which  all  other  weights   s*^  o|  we.  hl 
shall  be  derived  and  ascertained  shall  be  the  standard  avoirdupois 
and  troy  weights  adopted  by  the  Government  of  the  United  States. 

The  avoirdupois  pound  which  bears  to  the  troy  pound  the  ratio 
of  seven  thousand  to  five  thousand  seven  hundred  and  sixty,  shall 
be  divided  into  sixteen  equal  parts  called  ounces.  The  hundred- 

277 


278 


Laws  Concerning  Weights  and  Measures 


weight,  except  of  pig  iron  and  iron  ore,  shall  consist  of  one  hundred 
avoirdupois  pounds,  and  twenty  hundredweight  shall  constitute  a 
ton.  The  troy  ounce  shall  be  equal  to  the  twelfth  part  of  a  troy 
pound.  Whenever  hereafter  in  this  act  the  word  pound  is  used  it 
shall  mean  the  avoirdupois  pound  unless  otherwise  distinctly 
specified. 

The  unit  of  standard  measure  of  capacity  for  liquids  from  which 
all  other  measures  of  liquid  shall  be  derived  and  ascertained  shall 
be  the  standard  gallon,  adopted  by  the  Government  of  the  United 
States.  The  half-gallon,  quart,  pint,  half-pint  and  gill  measures 
for  measuring  liquids  shall  be  derived  from  the  gallon  by  dividing 
it  and  each  successive  measure  by  two. 

The  barrel  shall  contain  thirty-one  and  one-half  gallons  and  two 
barrels  shall  constitute  a  hogshead. 

The  unit  of  standard  measure  of  capacity  for  commodities  other 
than  liquids,  from  which  all  other  measures  of  such  commodities 
shall  be  derived  and  ascertained,  shall  be  the  standard  bushel  meas- 
ure adopted  by  the  Government  of  the  United  States.  The  half- 
bushel,  peck,  half-peck,  quarter-peck,  quart  and  pint  measures  for 
measuring  commodities  other  than  liquids  shall  be  derived  from 
the  bushel  by  dividing  it  and  each  successive  measure  by  two. 

Whenever  any  of  the  following  articles  shall  be  contracted  for, 
or  sold,  or  delivered,  and  no  special  contract  or  agreement  shall  becertata  commodities 
made  to  the  contrary,  such  sale  and  computations  for  payment  or 
settlement  thereof  shall  be  by  weight.  The  net  weight  per  barrel 
or  bushel,  or  divisible  merchantable  quantities  of  a  barrel  or 
bushel,  shall  be  as  follows: l 


Ton 
Ounce 


Sec.  8 

Gallon 

Quart 

Pint 

Gill 


Sec.  9 
Barrel 
Hogshead 

Sec.  10 
Bushel,  etc. 


Sec.  ii 

Barrel  and  bushel  of 


Wheat  flour —  Pounds. 

Per  barrel 196 

Per  half-barrel 98 

Per  quarter-barrel  sack 49 

Per  one-eighth-barrel  sack 24 

Per  one-sixteenth-barrel  sack  . .       12 


Corn  meal —  Pounds. 

Per  bushel  sack 48 

Per  half-bushel  sack 24 

Per  quarter-bushel  sack 12 


And  the  following  commodities  per  bushel : 


Wheat  

Pounds. 
60 

Bran  

Pounds. 
20 

Rye.  .. 

56 

Beans  

60 

Indian  corn  on  the  ear  

7O 

Clover  seed  .  . 

60 

Kaffir  corn  

S6 

Hungarian  and  millet  seed 

Rice  corn  

56 

Potatoes  

60 

Corn,  shelled  

S6 

Sweet  potatoes  

Sorghum  seed  ....         

CO 

Turnips  

c6 

Buckwheat  

....        CO 

Flaxseed  

r6 

Barley  

48 

Onions  

C7 

Malt     .  .             

32 

Salt  

80 

1  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  articles. 


Nevada 


279 


Pounds. 

Castor  beans 46 

Hemp  seed 48 

Native  blue-grass  seed 14 

English  blue-grass  seed 22 

Timothy  seed 45 

Dried  peaches 33 

Dried  apples 24 

Green  apples 48 


Pounds. 

Parsnips 50 

Carrots 50 

Beets 56 

Tomatoes 56 

Peaches 48 

Shelled  dried  peas 60 

Alfalfa  seed 60 

Oats 32 


A  standard  loaf  of  bread  sold  or  offered  for  sale  in  this  state 
shall  weigh  one  pound  and  a  standard  loaf  of  bread  need  not  be 
labeled  with  a  statement  of  its  weight.  Whenever  a  loaf  of  bread 
sold  or  offered  for  sale  weighs  more  or  less  than  a  pound,  it  shall  be 
labeled  in  plain,  intelligible  English  words  and  figures  with  its 
correct  weight,  together  with  the  name  of  its  manufacturer. 

Butter  in  a  standard  package  or  container,  sold  or  offered  for  sale 
in  this  state,  shall  weigh  one  pound  and  a  standard  package  or  con- 
tainer of  butter  need  have  no  statement  of  the  net  weight  of  its  con- 
tents thereon.  Whenever  butter  is  sold  or  offered  for  sale  in  a 
package  or  container,  the  net  weight  of  which  is  more  or  less  than 
one  pound,  such  package  or  container  shall  be  labeled  in  plain 
intelligible  English  words  and  figures  with  the  correct  net  weight  of 
its  contents,  together  with  the  name  of  the  manufacturer  or  jobber. 

All  milk  or  cream  that  is  sold  or  offered  for  sale  in  this  state  in 
bottles  shall  be  sold  or  offered  for  sale  only  in  bottles  containing 
standard  gallons,  half-gallons,  quarts,  pints  or  half-pints.  All 
other  liquid  commodities  shall  be  sold  only  by  standard  liquid 
measure  or  standard  weight,  except  where  parties  otherwise  agree. 

Berries  and  small  fruits  whenever  sold  or  offered  for  sale  in  this 
state  in  boxes,  shall  be  sold  or  offered  for  sale  in  boxes  containing  a 
standard  dry  quart  or  dry  pint,  and  if  said  boxes  contain  more  or 
less  than  this  amount  the  information  must  be  given  the  pur- 
chaser, or  such  boxes  must  be  labeled  in  plain,  intelligible  English 
words  and  figures  with  a  correct  statement  of  the  quantity  of  its 
contents. 

A  standard  cord  of  firewood  sold  or  offered  for  sale  in  this  state 
shall  be  and  contain  one  hundred  and  twenty-eight  cubic  feet,  well 
stowed  and  packed.  And  when  delivering  firewood  to  a  purchaser 
the  vender  shall  give,  or  cause  to  be  given  therewith  to  such  pur- 
chaser, a  written  statement  of  the  quantity,  in  terms  of  the 
standard  cord,  of  the  firewood  so  delivered. 

A  standard  ton  of  coal  sold  or  offered  for  sale  in  this  state  shall 
weigh  two  thousand  pounds.  And  when  delivering  coal  to  a  pur- 
chaser the  vender  shall  give,  or  cause  to  be  given,  therewith  to  such 
purchaser  a  written  statement  of  the  weight,  in  terms  of  the 
standard  ton,  of  the  coal  so  delivered.  When  coal  is  sold  by  the 
sack  the  contents  of  such  sack  shall  weigh  one  hundred  pounds. 


Sec.  12 

Standard  bread  loaf 


Sec.  13 
Butter 


Sec.  14 

Milk  or  cream 


Sec.  15 
Berries,  etc. 


Sec.  16 
Firewood 


Sec.  17 
Ton  of  coal 


280  Laws  Concerning  Weights  and  Measures 

AU  packages  to  bear  It  shall  be  unlawful  for  any  person  to  put  up  any  commodity  or 
correct  statement  of  article  of  merchandise  into  a  package  or  container  and  sell  or  offer 

weight,  number,  etc.  .,..,._.  ,?  .,.  ..  , .         . 

for  sale  in  this  State  such  commodity  or  article  of  merchandise  in 
that  form  without  having  such  package  or  container  labeled  in 
plain,  intelligible  English  words  and  figures  with  a  correct  state- 
ment of  the  net  weight,  measure  or  numerical  count  of  its  contents ; 

Proviso  provided,  that  nothing  in  this  section  shall  prevent  the  putting  up 

of  commodities  or  articles  of  merchandise,  which  have  been  pre- 
viously sold  by  net  weight,  measure  or  numerical  count,  into  pack- 
ages or  containers  for  the  purpose  of  delivering  or  transporting 
such  commodities  or  articles  of  merchandise. 

laieI9by  true  net  ^  shall  be  unlawful  for  any  person  to  sell  or  offer  for  sale  in  this 
weteht  State  any  commodity  or  article  of  merchandise,  except  by  true  net 

Mutual  agreement,  weight,  measure  or  numerical  count,  except  where  the  parties 
when  otherwise  agree.  Contracts  for  work  to  be  done,  or  for  anything 

to  be  sold  by  weight  or  measure,  shall  be  construed  according  to  the 
standards  hereby  adopted  as  the  standards  of  this  State,  except 
where  the  parties  have  agreed  upon  any  other  calculations  or 
measurement,  and  all  statements  and  representations  of  any  kind 
referring  to  the  weight  or  measure  of  commodities  or  articles  of 
merchandise  shall  be  understood  in  the  terms  of  the  standards  of 
weights  or  measures  aforesaid. 

iaise20or  short  weight  It  shall  be  unlawful  for  any  person,  in  buying  or  selling  any  com- 
or  measure  unlawful  modity  or  article  of  merchandise,  to  make  or  give  false  or  short 
weight  or  measure,  or  to  sell  or  offer  for  sale  any  commodity  or  arti- 
cle of  merchandise  less  in  weight  or  measure  than  he  represents,  or 
to  use  a  weight,  measure,  balance  or  measuring  device  that  is 
false  and  does  not  conform  to  the  authorized  standard  for  deter- 
mining the  quantity  of  any  commodity  or  article  of  merchandise,  or 
to  have  a  weight,  measure,  balance  or  measuring  device  adjusted 
for  the  purpose  of  giving  false  or  short  weight  or  measure,  or  to  use 
in  buying  or  selling  of  any  commodity  or  article  of  merchandise  a 
computing  scale  or  device  indicating  the  weight  and  price  of  such 
commodity  or  article  of  merchandise  upon  which  scale  or  device 
the  graduations  or  indications  are  falsely  or  inaccurately  placed, 
either  as  to  weight  or  price. 

penalties  Any  person  who  shall  violate  any  of  the  provisions  of  this  Act 

shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof  before  the  Justice  of  the  Peace  having  jurisdiction  of  the 
offense,  shall  be  fined  in  a  sum  not  to  exceed  two  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  for  not  more  than  sixty  days, 
or  by  both  such  fine  and  imprisonment,  and  any  weight,  measure, 
balance  or  measuring  device  which  shall  have  been  used  by  him  in 

Treble  damages  to  such  violation  shall  be  ordered  confiscated  and  destroyed.  He 
shall  also  be  liable  in  damages  to  the  party  injured  by  his  violation 


Proviso 


District 


Nevada 

in  treble  the  amount  of  the  property  wrongfully  taken  or  not  given 
and  twenty  dollars  in  addition  thereto,  to  be  recovered  in  a  court 
of  competent  jurisdiction.  The  selling  and  delivery  of  any  com- 
modity or  article  of  merchandise  shall  be  prima  facie  evidence  of 
the  representation  on  the  part  of  the  vender,  that  the  quantity  sold 
and  delivered  was  the  quantity  bought  by  the  vendee.  There 
shall  be  taken  into  consideration  the  usual  and  ordinary  leakage, 
evaporation  or  waste  that  there  may  be  from  the  time  a  package 
or  container  is  filled  by  the  vender  until  he  sells  the  same.  A  slight 
variation  from  the  stated  weight,  measure  or  quantity  for  individ- 
ual packages  is  permissible;  provided,  that  variation  is  as  often 
above  as  below  the  weight,  measure  or  quantity  stated. 

It  shall  be  the  duty  of  the  district  attorney  to  prosecute  all  vio- 
lations  of  the  provisions  of  this  act  occurring  within  his  county. 

The  director  of  the  Nevada  Agricultural  Experiment  Station  is 
hereby  designated  and  constituted  ex  officio  sealer  of  weights  and 
measures  and  shall  be  charged  with  the  proper  enforcement  of 
the  provisions  of  this  act,  and  he  may  appoint  such  deputy 
or  deputies  as  he  may  deem  necessary  therefor.  He  shall  have 
the  care  and  custody  of  the  authorized  public  standards  of  weights 
and  measures  and  of  balances  and  other  apparatus  of  all  kinds 
owned  by  the  state  under  section  one  of  this  act.  He  shall 
maintain  the  state  standards  in  good  order  and  submit  them  at 
least  once  in  every  ten  years  to  the  National  Bureau  of  Standards 
for  verification.  He  shall  at  once,  after  the  approval  of  this  act, 
obtain  from  the  Government  of  the  United  States  all  standard 
weights  and  measures  mentioned  in  this  act  which  this  state  does 
not  at  that  time  own. 

It  shall  be  the  duty  of  the  sealer  and  his  duly  authorized  deputy 
to  test  and  prove  all  weights,  measures,  balances  and  measuring  assistants 
devices,  when  requested  so  to  do  by  any  person,  without  expense 
to  such  person,  and  when  the  same  are  found  or  made  to  conform 
to  the  authorized  standards  he  shall  seal  and  mark  such  weights, 
measures,  balances  and  measuring  devices  with  a  seal  to  be  kept  by 
him  for  that  purpose.  It  shall  be  the  duty  of  the  sealer  and  his 
deputy  to  inspect  and  test  all  weights,  measures,  balances  and 
measuring  devices  and  when  any  weight,  measure,  balance  or  meas- 
uring device  is  found  by  the  sealer  or  his  deputy  or  deputies  to  be 
false  or  untrue  or  not  of  the  approved  type,  or  which  does  not  con- 
form to  the  standards,  or  which  cannot  be  made  to  conform  to  the 
standards  by  such  means  as  the  sealer  or  his  deputy  may  have  at 
his  disposal  he  shall  condemn  the  same  and  mark  it  condemned  in 
a  conspicuous  manner,  and  such  condemnation  mark  shall  not  be 
removed  or  defaced  except  by  authorization  of  the  said  sealer  or 
his  deputy.  It  shall  be  the  duty  of  the  sealer  and  his  deputy  to 


281 


attorney  to 


i  sealer 


o(  gealer 


282  Laws  Concerning  Weights  and  Measures 

inspect  packages  or  containers  of  commodities  or  articles  of  mer- 
chandise, put  up  and  sold  or  offered  for  sale  in  this  state,  and  he 
shall  mark  in  a  conspicuous  manner  any  package  or  container 
which  does  not  have  a  statement  of  the  net  weight,  measure  or 
numerical  count  of  its  contents  on  it,  and  such  mark  shall  not  be 
removed  or  defaced  except  by  authorization  of  the  said  sealer  or 
his  deputy.  Whenever  the  sealer  or  his  deputy  has  reason  to 
believe  that  there  has  been  a  violation  of  any  of  the  provisions  of 
this  act  he  shall  swear  to,  or  cause  to  be  sworn  to,  a  complaint 
before  the  justice  of  the  peace  having  jurisdiction,  charging  the 
suspected  person  with  a  misdemeanor,  and  shall  take  charge  of, 
pending  the  trial  of  the  accused  person,  the  weight,  measure,  bal- 
ance or  measuring  device  used  in  such  suspected  violation. 

lowers  of  sealer  and  The  sealer  and  his  duly  authorized  deputy  shall  have  full  power 
deputies  to  enter  any  premises  in  or  on  which  any  weights,  measures,  bal- 

ances or  measuring  devices  may  be  located  or  used  for  the  purpose 
of  trade,  or  any  premises  in  or  on  which  any  commodities  or  arti- 
cles of  merchandise  are  put  up  into  packages  or  containers  for  the 
purposes  of  trade,  for  the  purpose  of  inspecting,  adjusting,  sealing, 
condemning  or  marking  such  weights,  measures,  balances,  or  meas- 
uring devices  and  such  packages  or  containers. 

sec.  26  It  shall  be  unlawful  for  any  person  to  hinder,  obstruct  or  in  any 

seaie/or  deputies8  nic  way  interfere  with  the  sealer  or  his  duly  authorized  deputy  while 
in  the  performance  of  said  inspection,  and  it  shall  be  unlawful  for 
any  person  to  fail  to  produce  upon  demand  by  the  sealer  or  his 
deputy  all  weights,  measures,  balances  or  measuring  devices  and 
all  packages  or  containers  of  commodities  or  articles  of  merchan- 
dise, in  or  upon  his  place  of  business  or  in  his  possession,  for  use  in 
manufacture  or  trade.  Any  such  person  so  violating  the  provisions 
of  this  section  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  thereof,  shall  be  fined  in  a  sum  not  to  exceed  one  hun- 
dred dollars,  or  by  imprisonment  in  the  county  jail  for  not  more 
than  thirty  days,  or  by  both  such  fine  and  imprisonment. 

sec.  27  If  the  sealer  or  any  one  of  his  deputies  shall  seal  any  weight, 

Sealer  must  test  be-  *  •          1       •        i     f  r  ,  •  j 

fore  condemning  measure,  balance  or  measuring  device  before  first  testing  and  mak- 
ing the  same  conform  to  the  authorized  standard  or  if  he  shall 
condemn  or  take  charge  of  any  weight,  measure,  balance  or  meas- 
uring device  without  first  testing  the  same,  the  one  so  doing  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  in  a 
court  of  competent  jurisdiction  shall  be  subject  to  a  fine  of  not  less 
than  five  dollars  nor  more  than  one  hundred  dollars. 
sec.  28  If  the  sealer  or  any  of  his  deputies  neglects  to  keep  the  standards 

Neglect   of   duty   by  .    •'  ° .  «•  r   ,  v. 

sealer  or  deputies,  how  un(ier  his  charge  in  good  order  or  repair,  or  suners  any  or  them 
through  his  neglect  to  be  lost,  damaged  or  destroyed,  or  fails  to 
perform  any  of  the  duties  imposed  upon  him  by  this  Act,  the  one 


Nevada 


283 


Sec.  29 

Sealer  to  keep  record 


Sec.  30 
Terms  defined 


Sec.  31 
Person  defined 


so  doing  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  con- 
viction thereof,  in  a  court  of  competent  jurisdiction,  shall  be  sub- 
ject to  a  fine  of  not  less  than  ten  dollars  nor  more  than  two  hundred 
dollars. 

The  sealer  shall  keep  a  record  of  all  the  weights,  measures,  bal- 
ances or  other  measuring  devices  sealed,  and  of  all  convictions  had 
and  confiscations  made  under  this  Act  and  shall  make  an  annual 
report  to  the  Governor  on  or  before  January  first  of  each  year,  a 
copy  of  which  shall  be  filed  with  the  National  Bureau  of  Stand- 
ards. He  shall  issue  from  time  to  time  regulations  for  the  guid- 
ance of  his  deputies  and  the  said  regulations  shall  govern  the  pro- 
cedure to  be  followed  by  the  aforesaid  deputies  in  the  discharge  of 
their  duties. 

The  terms  "package"  and  "container"  as  used  in  this  act  shall 
include  any  carton,  box,  barrel,  bag,  keg,  drum,  bundle,  jar,  jug, 
crock,  demijohn,  bottle,  crate,  basket,  hamper,  pail,  can,  parcel, 
package  or  paper  wrapper. 

The  term  "person"  as  used  in  this  act  shall  be  construed  to 
impart  both  singular  and  plural  as  the  case  demands  and  shall 
include  corporation,  company,  society  and  association.  When 
construing  and  enforcing  the  provisions  of  this  act  omission  or 
failure  of  any  officer,  agent  or  other  person  acting  for  or  employed 
by  any  corporation,  company,  society  or  association  within  the 
scope  of  his  employment  or  office,  shall  in  every  case  be  also 
deemed  omission  or  failure  of  such  corporation,  company,  society 
or  association,  as  well  as  that  of  the  person. 

The  sum  of  four  thousand  dollars  ($4,000)  is  hereby  appropri- 
ated out  of  any  money  in  the  state  treasury,  not  otherwise  appro- 
priated, for  the  compensation  of  sealer,  deputy  or  deputies,  office 
supplies  and  for  apparatus  necessary  to  carry  out  the  provisions 
of  this  act.  The  state  controller  is  hereby  authorized  to  draw  his 
warrants  for  the  sum  herein  appropriated  in  favor  of  the  Nevada 
Agricultural  Experiment  Station,  and  the  state  treasurer  is  hereby 
directed  to  pay  the  same. 

This  act  shall  take  effect  June  first,  nineteen  hundred  and  eleven. 

All  acts  and  parts  of  acts  in  conflict  with  or  inconsistent  with 
this  act  are  hereby  repealed. 

The  city  council  shall  have  the  following  powers :  p^T*'  I9°7'  °h'  I2S> 

50.  To  provide  for  the  inspection  and  sealing  of  weights  and   f™e«  of  city  council 
measures. 

51.  To  enforce  the  keeping  and  use  of  proper  weights  and  meas- ure^eigbts  and  meas' 

by  Vendors.  Enforcement 


Sec.  32 
Appropriation 


In  effect 
Sec.  34 
Repeal 


NEW   HAMPSHIRE 

The  standard  weights  and  measures  of  this  state  shall  be  those 
received  from  the  United  States,  and  the  ale  or  beer  measures  of  39°         ' 
the  capacity  of  two  hundred  and  eighty-two  cubic  inches  to  the    sec.  i 

•11  -j    j    i_        -L-L  A  11     Standards 

gallon,  provided  or  to  be  provided  by  the  state  treasurer.     All   Aiegaiion 
scale-beams,  weights,  and  measures  owned  by  the  state  shall  be 
deposited  and  carefully  kept  in  his  office  by  the  treasurer,  and 
shall  be  used  as  standards  and  for  no  other  purpose. 

The  state  treasurer  shall  carefully  keep  the  standards  of  weights  i££"  S£  g?^. 
and  measures  belonging  to  the  state,  and  perform  all  duties  in  rela-  I0|,ec  9 
tion  thereto,  and  for  the  compensation  prescribed  by  law.  custod1aneo1SstInrdard^e 

The  state  treasurer  shall  try  and  prove  by  the  state  standards    Pub.  stat.  and  sess. 
all  such  scale-beams,  weights,  and  measures  as  shall  be  brought  to3^ws- 
him  for  that  purpose.  sec. , {l864) 

A  sealer  of  weights  and  measures  for  each  county  shall  be   f^Tf80' 
appointed  by  the  governor,  with  advice  of  the  council,  who  shall    County  sealer 
hold  his  office  until  another  is  appointed.     He  shall  safely  keep  the   Duties 
standard  scale-beams,  weights,  and  measures  of  the  county,  shall 
permit  them  to  be  used  only  as  standards,  and  shall  cause  any 
deficiencies  therein  to  be  immediately  supplied,  at  the  expense  of 
the  county. 

The  county  sealer  shall,  once  in  every  three  years,  try  and   county  sealer  to  try 
prove  the  standard  scale-beams,  weights,  and  measures  of  the^sprovecountystand- 
county  by  the  state  standards,  and  shall  be  allowed  for  the  same  a 
reasonable  compensation  by  the  county  commissioners;  and  he 
shall    try  and   prove  by  the  county  standards  all  scale-beams, 
weights,  and  measures  brought  to  him  for  that  purpose  by  any 
town  sealer. 

Any  town,  at  the  annual  meeting,  may  choose,  by  majority  vote, 
one  or  more  collectors  of  taxes,     *    *    *     sealers  of  weights  and 
measures,  measurers  of  wood  and  bark,  surveyors  of  lumber,  cullers    |^j|rsg  of  we.  htg 
of  staves    *    *    *     and  such  other  officers  as  it  may  iudee  neces-  and    measures    and 

f  ••.«••  1  i      11  11  _*  xt-     other  officers;  appoint- 

sary  for  managing  its  affairs,  who  shall  severally  perform  thementoi 
duties  prescribed  by  law. 

The  selectmen  of  each  town  shall  provide  the  town  sealer  with  a  jiJ^ 
full  set  of  scale-beams,  weights,  and  measures.     If  they  shall  39° 
neglect  to  provide  any  scale-beam,  weight,  or  measure  necessary  to   sec.  s 

285 


286 


Laws  Concerning  Weights  and  Measures 


make  such  full  set,  after  notice  of  the  deficiency  and  a  reasonable 
time  to  procure  the  same,  they  shall  forfeit  for  each  offense  ten 
dollars. 
(1864)  The  sealer  of  weights  and  measures  chosen  in  each  town  shall 

Duties  of  town  sealer  carefully  keep  the  town  standards,  and  permit  them  to  be  used 
only  as  standards ;  shall  once  in  three  years  cause  them  to  be  tried 
and  proved  by  the  county  sealer,  for  which  he  shall  be  allowed  by 
the  selectmen  a  reasonable  compensation ;  and  shall  try  and  prove 
by  said  town  standards  all  scale-beams,  steelyards,  weights,  and 
measures  which  shall  be  presented  to  him  for  that  purpose. 

Every  sealer  of  weights  and  measures  in  a  town  or  city  shall  once 
in  each  year,  within  three  months  after  the  first  of  April,  visit  and 
examine  every  place  where  scales  or  measures  are  used  for  the  pur- 
chase or  sale  of  any  goods  or  commodities,  and  shall  examine  all 
such  scales  or  measures. 

Such  sealer  shall  go  to  and  there  try  and  prove  any  local  plat- 
form or  other  fixed  scales,  when  applied  to  for  that  purpose,  and 
shall  receive  for  such  service  a  reasonable  compensation. 

The  county  and  town  sealers  shall  seal  all  scale-beams,  weights, 
and  measures  found  conformable  with  the  standards,  with  the  seals 
heretofore  used,  if  any ;  otherwise  the  county  sealer  may  use  such 
seal  as  he  may  select,  a  description  thereof  being  first  lodged  in  the 
office  of  the  secretary  of  state ;  and  the  town  sealer  shall  use  such 
seal  as  the  town  may  adopt  by  vote  describing  the  same. 

The  state  treasurer  shall  receive  ten  cents,  the  county  sealer 
ten  cents,  and  the  town  sealer  twenty-five  cents  for  each  and 
every  scale-beam,  steelyard,  or  scale,  and  ten  cents  for  each 
measure  examined  and  sealed,  excepting  where  more  than  five 
scales  or  measures  belonging  to  one  person  or  firm  are  sealed, 
in  which  case  the  fee  shall  be  one  half  of  that  sum  for  each  addi- 
tional measure;  all  fees  to  be  paid  by  the  party  or  parties  whose 
scales,  weights,  or  measures  are  examined.  The  sealer  shall 
give  to  the  party  or  parties  a  certificate  of  the  examination, 
which  shall  contain  the  number  of  scales,  weights,  or  measures 
sealed  by  him,  and  the  date  thereof.  He  shall  keep  a  record 
thereof  in  a  book  provided  at  the  expense  of  the  town  or  county 
for  which  he  was  appointed,  which  shall  state  the  number  of 
scales,  weights,  and  measures  sealed  by  him,  the  parties  for  whom 
they  were  examined,  and  the  date  thereof. 

sec  n(l864)  ^ny  sealer  who  shall  refuse  or  neglect  to  perform  any  duty 

sealers  neglect       required  by  law  shall  forfeit  for  each  neglect  or  refusal  ten  dollars. 
,g    z  Whoever,  himself,  or  by  his  servant  or  agent,  or  as  the  servant 

sec.  u  ***"         or  agent  of  another  person,  firm  or  corporation,  is  guilty  of  giving 

Giving   false   weight  r    i  •  rr    •       .  •    •>  .  1  f 

or  measure;  possessing  false  or  insufficient  weight  or  measure,  or  whoever,  for  the  pur- 
poses of  buying  or  selling,  shall  have  in  possession  any  scales, 


Sec.  6 


Compensation 


(1864,  1875,  IQOl) 

Sec.  7 

Duties  of  sealers 


(1864) 
Sec.  8 
Platform  scales 


Sec.  9° 
Sealing 


(1864, 1875) 
Sec.  10 
Fees 


Certification 


Records 


New  Hampshire  287 


steelyards,  balances,  or  other  weighing  or  measuring  device  so 
adjusted  as  to  falsely  weigh  or  measure,  or  which  have  not  been  measure;  penalty  tor 
sealed  as  hereinbefore  provided,  subject  to  such  exemptions  and 
provisions  as  may  appear  elsewhere  in  the  laws  of  this  state, 
shall  be  punished  by  a  fine  of  ten  dollars  for  each  offense.  The 
sale  of  any  commodity  that  is  falsely  branded  as  to  weight  or 
measure  shall  be  punishable  by  a  like  penalty.  But  in  all  pro- 
ceedings under  this  section,  any  deviations  from  the  represented 
weight  or  measure  of  a  commodity,  falling  within  the  tolerations 
adopted  or  which  may  be  adopted  by  the  National  Bureau  of 
Standards,  shall  not  be  prosecuted.  And  it  shall  be  the  duty 
of  sealers  to  file  the  necessary  information  with  the  proper  chief 
of  police  or  county  solicitor,  whenever  they  may  secure  satis- 
factory evidence  of  the  violation  of  any  of  the  provisions  of  this 
section,  and  such  chief  of  police  and  county  solicitor  shall  prose- 
cute these  offenses  to  final  judgment  and  sentence.  Provided, 
that  in  prosecutions  under  this  section  involving  the  sale  of  food 
and  drugs,  health  officers  shall  have  concurrent  jurisdiction  with 
sealers. 

When  any  commodity  shall  be  sold  by  the  hundred  weight,    |ec.  i3° 

-  J     .    ,  ,  '     Hundredweight 

it  shall  be  understood  to  mean  the  net  weight  of  one  hundred 
pounds  avoirdupois;  and  all  contracts  concerning  goods  sold  by 
weight  shall  be  construed  accordingly,  unless  otherwise  distinctly 
expressed. 

Every  public  or  town  weigher  of  goods  or  commodities  shall   f^uf  weigher's 
weigh   the   same,    and   certify   the   weight   thereof   accordingly ;  dutv 
and  for  each  neglect  or  refusal  to  do  so  he  shall  forfeit  five  dollars. 

All  measures  by  which  fruit  and  other  things,  excepting  char-   sec.  *s° 

M  f  J  i-      t.  j  i_iiu         r  4.1.      r   ?i         •  Heaped  bushel  meas- 

coal,  are  usually  sold  by  heaped  measure  shall  be  of  the  following  ure 
dimensions:  The  bushel,  not  less  than  eighteen  and  a  half  inches 
in  diameter  inside;  the  half -bushel,  not  less  than  thirteen  and  three 
quarters  inches  in  diameter  inside;  the  peck,  not  less  than  ten 
and  three  quarters  inches  in  diameter,  inside;  and  the  half -peck, 
not  less  than  nine  inches  in  diameter  inside. 

Every  basket  or  other  measure  by  which  charcoal  shall  be   charcoal  measure 
measured  or  sold  shall  be  not  less  in  its  average  diameter  than 
twenty  inches,  and  of  a  depth  sufficient  to  contain  eighteen  gallons 
level  measure,   which  shall  be  accounted  two  bushels,  or  one 
strike. 

Any  person  using  a  weight,  measure,  scale  or  balance  after  a   1^,191  i,ch.88,p.9a 
sealer  has  demanded  permission  to  test  the  same  and  has  been   Refusing   to   aiiow 

r         J  •      •  i.    11  i-      v    1-1  ix  4.i_         sealer  to  test  apparatus; 

refused  such  permission  shall  be  liable  to  a  penalty  not  less  than  penalty  for 
ten  nor  more  than  fifty  dollars. 

All  weights,  measures,  scales  and  balances  that  cannot  be  made   condemned  appara- 
to  conform  to  the  standard  shall  be  marked  or  stamped  Con-tus 


288  Laws  Concerning  Weights  and  Measures 

demned  or  C  D  by  the  sealer;  and  no  person  shall  thereafter  use 
the  same  for  weighing  or  measuring  any  commodity,  sold  or 
exchanged,  under  penalty  of  not  less  than  twenty  nor  more  than 
one  hundred  dollars 

sec.  3  If  such  weights,  measures,  scales  or  balances  can  be  readily 

pa?a^s,rnwhen3;USmayadjusted  by  such  means  as  he  has  at  hand,  he  may  adjust  and  seal 

condemn    apparatus,  them;    ^  ^  they  canjlot  be  readily  adjusted,  he  shall  affix  to  SUCh 

weights,  scales,  balances  or  measures  a  notice  forbidding  their  use 
until  he  is  satisfied  that  they  have  been  so  adjusted  as  to  conform 
*  *  to  the  standards  and  whoever  removes  said  notice  without  the  con- 


sent of  the  sealer  affixing  the  same  shall  for  each  offense  be  fined 
not  less  than  ten  nor  more  than  twenty-five  dollars. 

iefeing  apparatus  -^-  sealer  or  deputy  sealer  of  weights  and  measures  may  seize 
without  a  warrant  such  weight,  measures,  balances  or  scales  as 
may  be  necessary  to  be  used  as  evidence  in  case  of  violation  of  the 
law  relating  to  the  sealing  of  weights  and  measures;  such  weights, 
scales,  measures  and  balances  to  be  returned  to  the  owner  or  for- 
feited as  the  court  may  direct. 

Testing  apparatus  be-     Hvcry  sealer  who  has  reasonable  cause  to  believe  that  a  weight, 
iieved  to  be  altered     measure,  scale  or  balance  has  been  altered  since  it  was  last  adjusted 
and  sealed,  may  enter  the  premises  in  which  it  is  kept  or  used,  and 
shall  be  allowed  to  test  and  examine  the  same. 
This  act  shall  take  effect  on  its  passage. 
Loaves  °f  s°ft  bread  offered  for  sale  shall  weigh  either  half  a 


sec!  i.'amraded  by  pound,  or  one,  one  and  a  half,  two,  three,  or  four  pounds  each;  and 

is          3*.  P. 


aws,  is          3*.  P.  SQ£j.  kiscufts  shall  weigh  either  four  or  eight  ounces  each. 

sec!8!?  asbame\ided     If  anyone  shall  sell  or  offer  for  sale  any  loaves  of  soft  bread  or  any 

F  Penaity901  so^  biscuits  that  shall  weigh  less  than  the  requirements  of  the  pre- 

ceding section,  he  shall  be  fined  ten  dollars  for  each  offense. 

MJ^'i3!  ^  amended  In  proceedings  brought  under  section  12  of  the  Public  Statutes 
weight9*?  grain  per  for  f  alse  or  insufficient  weight  or  measure  in  connection  with  the 
sale  of  any  of  the  articles  hereinafter  mentioned,  the  following 
weights  and  provisions  shall  govern:  Except  where  the  parties 
shall  expressly  agree  to  sale  by  measure,  a  bushel  shall  contain  the 
number  of  pounds  as  hereinafter  set  forth:  Apples,  48;  dried 
apples,  25;  beets,  60;  small  white  beans,  60;  soy  beans  (glycine 
hispida),  58;  barley,  48;  bran,  20;  buckwheat,  48;  Indian  corn, 
56;  corn  meal,  50;  cracked  corn,  50;  cranberries,  32  ;  carrots,  50; 
clover  seed,  60;  flax-seed,  56;  herds  grass  or  timothy  seed,  45; 
Japanese  barnyard  millet  (P.  crusgalli),  35;  lime,  70;  oats,  32; 
onions,  52;  pears,  58;  peaches,  48;  dried  peaches,  33;  peas,  60; 
parsnips,  45;  roasted  peanuts,  20;  green  peanuts,  22;  Irish  pota- 
toes, 60;  sweet  potatoes,  54;  quinces,  48;  rye,  56;  rye  meal,  50; 
coarse  salt,  70;  fine  salt,  50;  shorts,  20;  tomatoes,  56;  turnips,  55; 


New  Hampshire  289 


wheat,  60.     All  fruits,  nuts  and  vegetables,  if  sold  by  measure, 

shall  be  sold  by  dry  measure,  United  States  standard,  and  shall  sold 

be  measured  by  level   measure.     Baskets   or  other  receptacles 

holding  one  quart  or  less,  which  are  used  in  the  sale  of  straw- 

berries, blackberries,  cherries,  currants,  blueberries,  huckleberries, 

raspberries  or  gooseberries  shall  be  of  the  capacity  of  one  quart, 

one  pint,  or  one-half  pint,  United  States  standard  dry  measure. 

Whoever  sells  or  offers  for  sale,  or  has  in  possession  with  intent 

to  sell,  any  of  the  aforesaid  fruit  in  any  basket  or  other  recep- 

tacle holding  one  quart  or  less  which  does  not  conform  to  said 

standard,  or  conforming  to  said  standard,  is  not  level  measure,  shall 

be  punished  by  a  fine  of  ten  dollars  for  each  offense.     Said  baskets    Penalty  for  violation 

or  other  receptacles  shall  not  be  required  to  be  tested  and  sealed 

as  provided  by  chapter  125,  Public  Statutes,  but  any  sealer  or 

health  officer  may  test  the  capacity  of  any  basket  or  other  recep- 

tacle in  which  any  of  the  aforesaid  fruit  is  sold  or  intended  to  be 

sold;   and  if  the  same  is  found  to  contain  less  than  the  standard 

measure,  or  if  the  quantity  of  such  fruit  is  otherwise  less  than  as 

herein  provided,  he  shall  seize  the  same  and  make  complaint  against  8eEtdk  w 

the  vendor. 

Milk  shall  be  bought  and  sold  by  wine  measure,  the  standard  for  t 
which  shall  be  two  hundred  and  thirty-one  cubic  inches  to  the41 
gallon,  and  for  subdivisions  of  the  gallon  in  the  same  proportion.  Measure  of  miik 

All  measures  or  vessels  used  in  the  sale  of  milk  shall  be  tried  and   sec.  i3 

.,        ,      £  ,    ,1  .  Measures  for  milk  to 

proved  by  the  standard  of  wine  measure,  and  the  quantity  they  be  tried  and  proved  by 
hold  agreeably  to  such  standard  shall  be  marked  thereon.     Any«enda 
person  selling  any  milk  by  any  other  than  measures  so  tried,  sealed, 
and  marked,  shall  forfeit  for  each  offense  ten  dollars. 

All  milk  cans  used  by  persons  engaged  in  the  business  of  pur-    Sec  <*86°>  l8?^ 
chasing  milk  at  wholesale,  shall  be  sealed  annually  by  the  sealer  of   Miik4can3  to   be 

.    ,  ,  j  .    '     1  ..  •          .  l«  sealed  and  marked  an  - 

weights  and  measures  in  the  city  or  town  where  the  purchaser  nuaiiy 
resides;  and  no  milk  can  shall  be  sealed  which  does  not  contain  one 
or  more  quarts,  and  the  capacity  of  the  can  shall  be  legibly  marked 
upon  it  by  the  sealer. 

When  milk  is  purchased  by  the  can,  such  can  shall  hold  eight 

-        -11  i  - 

quarts  of  milk  and  no  more.  capaci 

Any  person  violating  the  provisions  of  the  two  preceding  sec- 
tions  shall  be  fined  not  more  than  fifty  dollars. 

All  cord  wood  exposed  for  sale  shall  be  either  four  feet,  three  feet,  i^^^'^^5' 
or  two  feet  long,  including  half  the  kerf,  and,  being  well  and  closely  394*  ' 
laid  together,  a  quantity  measuring  eight  feet  in  length,  four  in   sec.  M  z  ' 
width,  and  four  in  height  shall  constitute  a  cord.  mwsruredwood' 

It  shall  be  the  duty  of  measurers  of  wood  and  bark  to  measure   Sec  i  (-188^ 
any  wood  or  bark  whenever  requested,  and  to  give  a  certificate  ^Measurers  of  wood 
thereof;   and  they  shall  be  paid  for  the  service,  by  the  party  re-M 

8578°—  12  -  19 


290  Laws  Concerninq  Weights  and  Measures 

Duties  and  fees  questing  the  same,  forty  cents  for  each  hour  or  fractional  part  of  an 
hour  necessarily  spect  by  them,  when  the  quantity  to  be  measured 
exceeds  twenty  coras,  and  four  cents  a  cord  when  it  is  twenty 
cords  or  less. 

teasing  or  neglect-     ^  anY  measurer,  upon  tender  of  his  fees,  shall  unreasonably  neg- 
ing,  penalty  iect  or  refuse  to  measure  or  certify  any  wood  or  bark  brought  to 

him  for  that  purpose,  or  shall  give  any  false  certificate,  he  shall  for 
each  offense  forfeit  five  dollars. 

u!in^zf^<*?M&»     Surveyors  of  lumber  shall  survey  all  plank,  boards,  spars,  slit 
4°      t  work,  shingles,  clapboards,  and  timber  previous  to  the  sale  thereof, 

utfcs  of  surveyors  of  an(i  shall  measure  the  same  if  necessary,  having  due  consideration 
for  drying  and  shrinking,  making  reasonable  allowance  for  rot, 
knots,  and  splits.  They  shall  mark  the  same  anew  according  to 
the  just  contents  thereof,  if  requested  by  the  seller  or  purchaser, 
and  give  a  certificate  of  the  quantity  and  sorts,  if  required,  on  pay- 
ment therefor. 

thickness     The  standard  of  thickness  of  merchantable  plank  shall  be  two 
°J  Plank  inches,  and  when  any  plank  of  a  different  thickness  shall  be  pur- 

chased, it  shall  be  admeasured  and  calculated  by  that  standard. 
Hap4  timber,   how     All  round  ship  timber  shall  be  measured  according  to  the  fol- 
measured  lowing  rule:    A  stick  of  timber  sixteen  inches  in   diameter  and 

twelve  inches  in  length  shall  constitute  one  cubic  foot,  and  in  the 
same  ratio  for  any  other  size  and  quantity ;  forty  feet  shall  consti- 
tute one  ton. 

Timber  by  thousand,  All  r°und  timber,  the  quantity  of  which  is  estimated  by  the 
how  measured  '  thousand,  shall  be  measured  according  to  the  following  rule:  A 
stick  of  timber  sixteen  inches  in  diameter  and  twelve  inches  in 
length  shall  constitute  one  cubic  foot,  and  the  same  ratio  shall 
apply  to  any  other  size  and  quantity.  Each  cubic  foot  shall 
constitute  ten  feet  of  a  thousand. 

Lawsb'i^itt'ch1<lafep'     All  shingles  offered  for  sale  in  this  state  shall  be  straight,  four 

4°!^'  inches  wide,  free  from  shakes  and  worm  holes;  shall  be  split  or 

shingles,  sizes>i       sawed  in  a  longitudinal  direction  crosswise  the  grain,  and  shall  be 

designated  and  known  according  to  their  quality  as  "No.  i," 

"No.  2,"  "No.  3,"  or  "refuse." 

"Shaved  shingles  No.  i  "  shall  be  eighteen  inches  long,  seven- 
sixteenths  of  an  inch  thick  at  the  butt  end,  shall  be  free  from 
knots  and  sap,  and  shall  be  breasted. 

"No.  2"  shall  be  at  least  seventeen  inches  long,  three-eighths 
of  an  inch  at  the  butt  end,  and  clear  of  knots  and  sap. 

"No.  3"  shall  be  at  least  fifteen  inches  long,  and  three-eighths 
of  an  inch  thick  at  the  butt  end  *  *  * 

AxtaLsurement;     -No  shingles  shall  pass  inspection  unless  so  packed  as  to  contain 

number  in  bundle    'by  admeasurement  one  quarter  of  a  thousand  in  each  round 

bunch,  and  either  one  thousand  or  one-half  or  one-quarter  of  a 


New  Hampshire 


291 


Barrel  staves 


White  oak  staves 


Red  oak  staves 


thousand  in  each  square  bunch.  Each  bunch  or  bundle  shall  be 
branded  upon  the  butt,  "  No.  i  "  "  No.  2  "  "  No.  3  "  "  refuse  "  or  "  O,  " 
according  to  the  quality;  and  also  with  the  abbreviation  "  N.  H.  " 
which  brand  last  mentioned  shall  be  furnished  by  the  town. 

All  white  oak  butt  staves  shall  be  at  least  five  feet  in  length,  five   sec.  w 
inches  wide,  and  one  inch  and  a  quarter  thick  on  the  heart  or  thin-  8i^oefs>  hoops'  etc'' 
est  edge  and  every  part  thereof. 

All  white  oak  pipe  staves  shall  be  at  least  four  feet  eight  inches   pipe  staves 
long,  four  inches  broad  in  the  narrowest  part  and  not  less  than  one 
inch  thick  on  the  heart  or  thinnest  edge. 

All  white  oak  hogshead  staves  shall  be  at  least  forty-two  inches    Hogshead  staves 
long,  and  not  less  than  three-quarters  of  an  inch  thick  on  the  heart 
or  thinnest  edge. 

All  white  oak  barrel  staves  for  foreign  market  shall  be  thirty- 
two  inches  long,  and  for  home  use  shall  be  thirty  inches  long,  and 
all  shall  be  half  an  inch  thick  on  the  heart  or  thinnest  edge. 

All  white  oak  hogshead  and  barrel  staves  shall  be,  one  with 
another,  four  inches  in  breadth,  and  no  less  than  three  inches  in 
breadth  in  the  narrowest  part,  and  those  of  the  last  breadth  shall 
be  clear  of  sap. 

All  red  oak  hogshead  and  barrel  staves  shall  be  of  the  same 
length,  width,  and  thickness  with  the  white  oak  hogshead  and 
barrel  staves  aforesaid. 

All  staves  shall  be  well  and  proportionately  split. 

All  shocks  shall  be  forty  inches  long,  and  not  less  than  two  and 
a  half  inches  wide  at  the  ends,  and  full  half  an  inch  thick  when 
dressed. 

All  white  oak  hogshead  heading  shall  be  one  inch  thick,  thirty 
inches  long,  and  not  more  than  five  pieces  to  one  head. 

All  hogshead  hoops  shall  be  made  of  white  oak,  brown  ash,  or 
walnut,  of  good  and  sufficient  substance,  well  shaved,  and  either 
ten,  twelve,  or  fourteen  feet  in  length;  the  oak  and  ash  hoops 
shall  not  be  less  than  one  inch  broad,  and  the  walnut  hoops  not 
less  than  three-quarters  of  an  inch  broad  at  the  least  ;  all  hoops  of 
ten,  twelve,  and  fourteen  feet  respectively  shall  be  made  up  in 
distinct  bundles  by  themselves  containing  twenty-five  hoops  each  ; 
and  each  bundle  intended  for  exportation  shall  be  branded  on  the 
band  thereof  with  the  brand  of  the  town  whence  exported. 

All  hoops  and  staves  shall  hereafter  be  counted  and  sold  by  the 
decimal  hundred. 

All  contracts  for  the  sale  and  purchase  of  raw  or  unmanufac- 
tured  cotton,  made  within  this  state,  shall  be  taken  and  deemed 
to  be  contracts  for  sale  and  purchase  at  actual  weights,  exclusive   contracts   for  Pur- 
of  the  weight  of  bagging,  rope,  iron  ties,  or  straps,  or  any  other  tona,Shownconsatme°d  cot" 
material  in  which  the  cotton  may  be  packed. 


Splitting 
Shocks 


Headings 


Hoops 


Counted  by  decimal 
hundred 


contracts 


292  Laws  Concerning  Weights  and  Measures 

g^  Ig  Where  there  is  no  special  agreement  as  to  the  amount  of  tare  to 

Marking  of  bales  ke  allowed  on  each  bale,  every  bale  of  raw  or  unmanufactured 
cotton  sold  or  offered  for  sale  within  this  state  shall  have  legibly 
marked  upon  it,  or  upon  some  tag  securely  fixed  thereto,  the  gross 
weight  of  such  bale,  and  the  aggregate  weight  of  the  bagging,  rope, 
and  ties,  or  other  materials  in  which  the  cotton  is  packed,  together 
with  the  name  of  the  weigher. 

Tare!9  how    ascer-     For  the  purpose  of  ascertaining  the  weight  of  the  packing  ma- 

tained  terial  upon  cotton,  according  to  the  provisions  of  this  chapter,  and 

in  the  absence  of  a  special  agreement  as  to  tare,  it  shall  be  lawful 

to  weigh  by  sample;  but  there  shall  be  an  actual  weighing  of  the 

packing  materials  of  at  least  one  bale  in  ten  of  each  lot,  after  the 

same  shall  have  been  stripped  or  removed  from  the  bale. 

^Laws,  1901,  ch.  33,  P.     ^ny  town  or  city  may  appoint  one  or  more  public  weighers  of 

lubHc  weighers-,  aP- coal  or  other  merchandise.  Such  weighers  shall  be  appointed  in 
rfofficeent  and  tenure  towns  by  the  board  of  selectmen  and  in  cities  by  the  body  which 
appoints  the  city  sealers  of  weights  and  measures,  and  shall  hold 
office  during  the  term  of  office  of  the  body  by  which  they  are 
appointed,  and  until  their  successors  are  chosen  and  qualified, 
subject,  however,  to  removal  at  any  time  by  the  body  from  which 
they  derive  their  appointment. 

TO°' weigh  coal  and  All  coal  and  hay  sold  by  weight  in  any  city  or  town  adopting 
nay  at  expense  of  seller  ^  provisions  of  this  act  shall  be  weighed  by  one  of  such  public 
weighers,  at  the  expense  of  the  seller.  The  weigher  shall  deliver 
to  the  seller  or  his  agent,  a  certificate  of  the  weight  of  all  mer- 
chandise weighed  by  him,  which  certificate  shall  be  delivered  by 
the  seller  to  the  buyer  or  his  agent  at  the  time  of  the  delivery  of 
such  merchandise.  The  weigher  shall  keep  a  record  of  all  such 
certificates,  which  record  shall  at  all  times  be  open  to  inspection 
by  any  person  interested  therein. 

interested  person  not     No  person  shall  act  as  a  public  weigher  of  coal  or  other  mer- 
to  act  as  weigher        chandise  of  which  he  is  either  the  buyer  or  seller,  or  a  servant  or 
agent  of  the  buyer  or  seller,  or  in  the  sale  whereof  he  has  any 
interest. 

laies  to  towns  Every  person  selling  to  any  city  or  town  by  weight  any  mer- 

chandise the  weight  whereof  is  more  than  one  hundred  pounds, 
shall  furnish  therewith  the  certificate  of  the  public  weigher  of  said 
city  or  town  at  his  own  expense. 

certificate  to  be  fur-  Any  person,  not  a  city  or  town,  purchasing  by  weight  any  mer- 
demand  otchandise  the  weight  whereof  is  more  than  one  hundred  pounds, 
other  than  coal  or  hay,  may  require  therewith  the  certificate  of  a 
public  weigher  of  the  city  or  town  in  which  such  purchaser  resides, 
such  certificate  to  be  delivered  with  said  merchandise  at  the 
expense  of  the  seller. 

Public  weighers  shall  be  paid  such  fees,  not  exceeding  ten  cents 
for  each  weighing  and  the  certificate  and  record  thereof,  as  shall 


New  Hampshire 


293 


o{  cities  and 
]ic  scales 


AdoPu<m  of  this  act 
th  town  or 


be  prescribed  by  the  body  by  which  they  are  appointed,  which 
shall  be  in  full  for  the  use  of  their  scales,  for  the  certificates  fur- 
nished by  them,  for  the  recording  thereof,  and  for  all  services 
performed  by  them  in  their  official  capacity. 

Any  city  or  town  may  appropriate  money  for  and  may  erect 
and  maintain  public  scales  within  the  limits  of  any  public  high- 
way,  or  on  any  lands  leased  or  purchased  by  them  of  the  owners, 
and  shall  have  power  for  this  purpose  to  lease  or  purchase  such 
lands  or  to  take  them  in  the  same  manner  as  lands  are  taken  for 
public  highways. 

Any  person  who  shall  sell  any  merchandise  without  furnishing 
therewith  the  certificate  of  a  public  weigher  as  required  by  the 
provisions  of  this  act,  or  any  public  weigher  who,  on  tendering 
to  him  of  his  lawful  fees,  shall  refuse  to  perform  any  duty  imposed 
upon  him  by  the  provisions  of  this  act,  shall  be  punished  by  a 
fine  of  not  more  than  twenty  dollars. 

This  act  shall  be  in  force  only  in  such  cities  and  towns  as  shall 
by  lawful  vote  of  the  town  or  of  the  city  council,  adopt  its  provi- 
sions.  When  lawfully  adopted  in  any  city  or  town,  it  shall  con- 
tinue in  force  until  the  vote  by  which  it  was  adopted  shall  be 
rescinded. 

Any  town  or  city  which  has  adopted,  or  may  hereafter  adopt,  2ILaws-  19°7-  ch-  I8>  p- 
the  provisions  of  chapter  thirty-three,  laws  of  the  State  of  New   |^ama  reiec 
Hampshire  passed  January  Session  1901  may  be  exempted  f  rom  tain0^vision7ofepubeifc 
the  provisions  of  section  three  of  said  chapter,  by  lawful  vote  of  weighei 
the  town,  or  by  vote  of  the  city  councils. 

A  dealer  in  ice  who  on  request  of  the  purchaser  of  ice,  refuses    1<aws>  I9°7>  ch  20-  p- 
or  neglects  to  weigh  the  same  when  delivered  or  gives  false  weight    sec-/  ^ 

,      1t  °£  1         re  •   1       i    1  r>  Ice  to  be  weighed  on 

shall  tor  each  offense  be  punished  by  a  fine  of  not  more  than  delivery;  penalty 
fifty  dollars.  Whoever,  having  charge  of  the  delivery  of  ice  from 
a  wagon,  not  being  a  dealer  in  ice,  refuses  on  the  request  of  the 
purchaser  of  ice  to  weigh  the  same  when  it  is  delivered  or  gives 
false  weight,  shall  be  punished  by  a  fine  of  not  more  than  ten 
dollars. 

That  for  the  purposes  of  this  act  an  article  shall  be  deemed  to  47Laws>  I9°7>  ch-  48>  p' 
bemisbranded:     *     *     * 

In  the  case  of  foods  : 

Third.  If  in  package  form,  and  the  contents  are  stated  in  terms 
of  weight  or  measure,  they  are  not  correctly  stated  on  the  outside 
of  the  package. 

Every  manufacturer,  company  or  person,  who  shall  sell,  offer, 
or  expose  for  sale  or  for  distribution  in  this  state  any  concen-^y  sess.'Laws, 
trated  commercial  feeding-stuff  used  for  feeding  farm  live-stock,   -851  ' 

i_    n    r          •   1         •  ,  1  1  ,  .  I     Feeding  stuff  to  bear 

shall  furnish  with  each  car  or  other  amount  shipped  in  bulk  and  statement  of  weight 
shall  affix  to  every  package  of  such  feeding  stuff,  in  a  conspicuous 


3Sfepsf's^Ts 
' 


294 


Laws  Concerning  Weights  and  Measures 


When  sold  at  retail 


Sec.  2 
Definition 


place  on  the  outside  thereof,  a  plainly  printed  statement  clearly 
and  truly  certifying  the  number  of  net  pounds  in  the  package  sold 
or  offered  for  sale,  the  name  or  trademark  under  which  the  article 
is  sold,  the  name  of  the  manufacturer  or  shipper,  the  place  of 
manufacturer  [manufacture],  the  place  of  business,  *  *  *. 
Whenever  any  feeding-stuff  is  sold  at  retail  in  bulk  or  in  packages 
belonging  to  the  purchaser,  the  agent  or  dealer,  upon  request  of  the 
purchaser,  shall  furnish  to  him  the  certified  statement  named  in 
this  section. 

The  term  concentrated  commercial  feeding-stuffs,  as  used  in 
this  act,  shall  include  linseed  meals,  cottonseed  meals,  pea  meals, 
cocoanut  meals,  gluten  meals,  gluten  feeds,  maize  feeds,  starch 
feeds,  sugar  feeds,  dried  brewer's  grains,  malt  sprouts,  hominy 
feeds,  cerealine  feeds,  rice  meals,  oat  feeds,  corn  and  oat  chops, 
wheat,  rye,  and  buckwheat  bran  and  middlings,  ground  beef  or 
fish  scraps,  mixed  feeds,  and  all  other  materials  of  similar  nature; 
but  shall  not  include  hays,  and  straws,  the  whole  seeds  nor  the 
unmixed  meals  made  directly  from  the  entire  grains  of  wheat,  rye, 
barley,  oats,  Indian  corn,  buckwheat  and  broom  corn 


NEW  JERSEY 


The  words  "weight  and  measure"  or  "weights  and  measures " a<^ef^t Ifws> I9II> ch- 
as  used  in  this  act  shall  be  deemed  to  mean  and  to  include  any   f£c  >:' 

.    ,  ,      ,  -vi  •  i  i       Weights  and  meas- 

weight,  measure,  scale  beam,  patent  balance,  spring  scale,  steel-  ures  defined 
yard,  tape,  counter  measure,  receptacle  of  any  kind,  or  any  other 
instrument  or  apparatus  and  accessories  connected  therewith  used 
in  weighing  or  measuring  any  commodity,   fluid,  or  article  of 
merchandise. 

The  word  "superintendent"  as  used  in  this  act  shall  be  deemed 
to  mean  in  all  instances  superintendents  of  weights  and  measures. 

The  word  "assistant"  shall  be  deemed  to  mean  assistant  super- 
intendent of  weights  and  measures. 

The  standards  of  weights  and  measures  in  this  State  shall  be 
those  recognized  or  furnished  by  the  United  States. 

On  all  sales  by  weight  of  the  agricultural  products  hereinafter 
enumerated  the  number  of  pounds  per  bushel,  as  stated  in  the  fol- 
lowing schedule,  shall  be  true  and  legal  standard: 


Superintendent 


Assistant 


Sec.  2 

Standards 

Sec.  3 

Pounds  per  bushel 


Lbs.  per  bush. 

Onions 57 

Peaches,  matured 50 

Peaches,  dried,  peeled  or  unpeeled . .  33 

Peas 60 

Potatoes  (Irish) 60 

Potatoes  (sweet) 54 

Rye 56 

Sugar  cane  (amber) 57 

Timothy  seed 45 

Wheat.  .  60 


Lbs.  per  bush. 

Apples 50 

Apples  (dried) 25 

Barley 48 

Beans 60 

Beets 60 

Buckwheat 50 

Carrots 50 

Clover  seed 60 

Flaxseed  (linseed) ^ 55 

Indian  corn  or  maize ." 56 

Oats 30 

When  a  fractional  part  of  the  bushel  is  sold,  the  fractional  part 
of  the  above  weights  shall  be  required. 

The  standard  gross  ton  shall  consist  of  two  thousand  two  hun- 
dred and  forty  (2,240)  pounds.  The  standard  net  ton  shall  consist 
of  two  thousand  (2,000)  pounds. 

The  standard  measure  for  a  barrel  of  cranberries  shall  be  one 
hundred  quarts.     Barrels  to  be  used  for  buying  or  selling  cran- 
berries in  this  State,  or  for  transporting  the  same  outside  of  this 
State  shall  be  of  the  following  size,  to  wit:  head,  sixteen  (16)  inches 
diameter;  staves,  twenty-eight  and  one-half  (28^2)  inches  long; 

295 


Sec.  4 
Standard  ton 


Sec.  5 
Cranberry  barrel 


296 


Laws  Concerning  Weights  and  Measures 


use  of  H  uid  mess- 
«res 

coaisand  grain  sold 
by  weight 


Delivery  tickets 


proviso 


asorSnteation 


taenddent°sunty 


bilge,  fifty-eight  and  five-eighths  (58^)  inches  outside  circumfer- 
ence.  Such  barrels  shall  be  branded  or  stenciled  in  a  durable 
manner  "standard." 

bushel  The  standard  measure  for  a  bushel  of  cranberries  shall  be  thirty  - 
two  (32)  quarts,  rounded  measure;  that  crates  (or  boxes)  to  be 
used  for  buying  or  selling  cranberries  in  this  State  or  for  transport- 
ing the  same  outside  of  this  State  shall  be  of  the  following  size,  to 
wit:  twenty-two  (22)  inches  in  length,  twelve  (12)  inches  in  depth 
and  seven  and  one-half  (7^2)  inches  in  width  inside  clear  measure. 

id  mess-  ^o  Person  shall  use  a  liquid  measure  in  the  purchase  or  sale  of 
other  than  liquid  commodities. 

All  grain,  coal,  coke  or  charcoal,  regardless  of  quantity,  shall  be 
sold  by  weight.  No  person,  firm  or  corporation  shall  deliver  or 
cause  to  be  delivered  any  grain  or  coal  in  amounts  exceeding  one 
hundred  pounds  without  each  sale  or  delivery  being  accompanied 
by  a  delivery  ticket  and  duplicate  thereof:  Provided,  That  there 
shall  be  a  delivery  ticket  and  duplicate  thereof  delivered  with  each 
joa(j  of  grajn  or  COal  sold  and  delivered.  On  both  tickets  there 
shall  be  distinctly  and  indelibly  expressed,  in  ink  or  otherwise,  the 
quantity  or  quantities  in  pounds  of  grain  or  coal,  coke  or  charcoal 
contained  in  the  cart,  wagon  or  other  vehicle  used  in  such  delivery, 
the  name  of  the  purchaser  thereof,  and  the  name  of  the  dealer  from 
whom  purchased.  One  of  such  tickets  shall  be  delivered  to  the 
person  receiving  such  coal,  and  the  other  ticket  shall  be  retained 
by  the  seller  of  the  grain  or  coal  :  Provided,  however,  That  the  pro- 
visions of  this  section  shall  not  apply  to  grain,  coal,  coke  or  char- 
coal sold  to  be  delivered  by  the  entire  car  or  cargo  direct  from  the 
vessels,  boats  or  cars  containing  the  same  to  one  destination,  and 
accepted  by  the  purchaser  on  the  original  bill  of  lading  or  invoice 
as  proof  Of  weight:  Provided  further  ,  Grain,  coal,  coke,  or  charcoal 
in  quantities  less  than  one  hundred  pounds  may  be  sold  by  the 
standard  dry  measure. 

The  department  of  weights  and  measures  shall  consist  of  a  State 
superintendent,  of  assistant  State  superintendents,  of  county 
superintendents  and  assistant  county  superintendents  and  of  a 
municipal  superintendent  and  assistant  municipal  superintendents 
of  weights  and  measures,  as  hereinafter  provided.  Each  person 
appointed  as  hereinafter  provided  as  either  superintendent  or 
assistant  superintendent  shall,  before  entering  upon  his  duties, 
take  an  oath  of  office,  as  provided  by  law. 
state  The  Governor,  by  and  with  the  advice  and  consent  of  the  Senate, 

8uperln'shall  appoint  a  State  superintendent  for  a  term  of  five  years.  The 
governing  bodies  of  the  respective  counties  shall  designate  the 

*"****'  county  superintendent.  In  addition,  the  governing  body  of  any 
municipality  may,  by  ordinance,  provide  for  the  office  of  municipal 


and 


New  Jersey 


29; 


Proviso 


Proviso 


superintendent  of  weights  and  measures  and  may  designate  the 
municipal  superintendent;  but  when  such  municipal  body  shall 
have  adopted  such  ordinance,  the  clerk  of  said  municipality  shall 
forthwith  file,  with  the  State  superintendent,  a  certified  copy  of 
said  ordinance,  and  the  person  so  designated  shall  forthwith  be 
entered  upon  the  records  of  the  State  superintendent  as  the 
municipal  superintendent  of  weights  and  measures :  Provided,  That 
in  any  municipality  where  by  ordinance  there  already  exists  depart- 
ments of  weights  and  measures  as  provided  by  law,  such  depart- 
ment shall  continue  in  existence,  which  fact  shall  be  certified  to 
the  State  superintendent  as  herein  provided,  and  persons  holding 
the  position  of  sealer  and  assistant  sealer  of  weights  and  measures 
under  such  ordinance,  shall  continue  in  office  until  the  expiration 
of  the  term  for  which  they  were  originally  appointed,  and  upon  the 
expiration  of  their  term  their  successors  shall  be  appointed  as  in 
this  act  provided;  but  the  former  officers  shall  hereafter  be  known 
by  the  titles  designated  in  this  act  and  shall  conform  to  the  regu- 
lations herein  provided:  And  provided  further,  That  two  or  more 
counties  or  two  or  more  municipalities  may  by  agreement  employ 
the  same  superintendent  with  the  powers  and  duties  of  the  county 
or  municipal  superintendent,  as  the  case  may  be,  which  fact  shall 
be  certified  to  the  State  superintendent  in  the  manner  as  above 
provided  for  such  certification. 

The  State  superintendent  may  appoint  three  assistant  State 
superintendents.  The  respective  county  and  municipal  superin- 
tendents may,  upon  resolution  of  the  respective  governing  bodies 
of  said  counties  or  municipalities,  appoint  assistant  county  or 
municipal  superintendents.  -The  number  of  such  superintendents 
and  assistant  superintendents  for  such  county  or  for  such  munici- 
pality shall  be  fixed  by  the  governing  body  of  such  county  or  such 
municipality.  No  other  persons  shall  be  engaged  within  the  State 
for  compensation  in  the  capacity  of  superintendent,  sealer  or 
inspector  of  weights  and  measures ;  nor  shall  any  other  person  act 
in  any  official  capacity  as  such  superintendent,  sealer  or  inspector, 
provided  that  the  State  superintendent  may  at  his  discretion  tem- 
porarily appoint  honorary  or  special  superintendents  with  all  the  te^°e°0^ary  suPerin- 
powers  of  the  regular  county  or  municipal  superintendents.  Such 
honorary  or  special  superintendents  shall  serve  without  compen- 
sation. 

The  State  superintendent  shall  posses  scientific  and  technical    Technical  knowledge 
knowledge  of  the  construction  and  use  of  standards  of  weights  and  necessary 
measures.     All  county  and  municipal  superintendents  and  all 
assistant  superintendents  shall  be  persons  of  sufficient  scientific 
knowledge  to  properly  inspect,  examine  and  report  on  the  tech- 
nical condition  of  said  standards.     All  officers  except  the  superin- 


Sec.  ii 
Assistants 


298  Laws  Concerning  Weights  and  Measures 

civil  service  to  apply  tendent  shall  be  subject  to  the  regulations  of  the  State  Civil 
Service  Commission  in  municipalities  which  have  adopted  civil 
service. 

The  salary  of  the  State  superintendent  shall  be  twenty-five  hun- 
dred dollars  ($2,500.00)  per  annum;  the  salary  of  the  assistant 
superintendent  shall  be  twelve  hundred  dollars  ($1,200.00)  per 
annum,  except  in  first-class  cities,  where  the  salary  shall  not  be 
less  than  one  thousand  eight  hundred  dollars  per  annum,  and  in 
second-class  cities  the  salary  shall  not  be  less  than  one  thousand 
five  hundred  dollars  per  annum;  the  salary  of  the  county  and 
municipal  superintendents  shall  be  fixed  by  the  governing  body  of 
such  county  or  such  municipality,  but  shall  not  exceed  fifteen  hun- 
dred dollars  ($1,500.00)  per  annum. 

irtbority  of  superin-  ^ne  State  superintendent  and  all  assistant  State  superintendents, 
endents  county  and  municipal  superintendents  and  their  assistants,  shall 

have  full  power  and  authority  to  weigh  or  have  weighed  grain, 
coal,  or  other  commodities  while  in  transit  from  the  dealer  therein 
to  the  purchaser  thereof,  either  at  the  request  of  the  buyer  or  on 
the  initiative  of  the  superintendent  or  his  assistant,  either  State, 
county,  or  municipal,  and  it  shall  be  the  duty  of  the  State  super- 
intendent to  send  his  assistant  into  any  county  of  the  State  where 
county  superintendent  had  not  been  appointed,  and  said  superin- 
tendent may  send  said  assistant  into  any  county  of  the  State,  and 
the  expenses  of  said  assistant  inspectors  while  making  said  tour 
of  inspection  shall  be  paid  out  of  the  fund  provided  by  law  for  the 
Department  of  Weights  and  Measures. 

Duties  oi  superin-  It  shall  be  the  duty  of  each  county  and  municipal  superintend- 
mea!ures°fweightsandent  *°  ^-a^e  cnarge  of  all  copies  of  the  standards  adopted  by  this 
a  nTecSeSrtScationpilogf ac^  as  ^e  s^an(lards  of  the  State,  which  shall  be  by  order  of  the 
standards  State  superintendent  entrusted  to  his  care  as  the  official  standard 

of  such  county  or  municipality;  and  shall  take  all  other  precau- 
tions necessary  for  their  safe-keeping  and  for  their  maintenance  in 
good  order.  The  State  superintendent  shall  be  the  custodian  of 
all  standards  now  the  property  of  the  State  received  by  law  from 
the  federal  government  or  which  may  hereafter  be  legally  procured 
from  or  certified  to  by  the  National  Bureau  of  Standards,  and  he 
shall  submit  all  standards  of  said  State  once  in  ten  years  to  the 
said  National  Bureau  of  Standards  for  certification.  He  shall 
correct  the  standards  of  the  several  counties  and  municipalities, 
and  shall  at  least  once  in  five  years  compare  the  same  with  those 
in  his  possession. 

supervising  authority  The  State  superintendent  shall  have  general  supervision  of  the 
administration  of  the  provisions  of  this  act ;  shall  make  such  rules 
for  the  administration  of  the  affairs  of  his  office  and  of  the  offices 
of  the  county  and  municipal  superintendents  as  may  be  necessary 


New  Jersey  299 

for  its  proper  enforcement.  He  shall  have  general  supervision 
over  the  work  of  the  said  county  and  municipal  superintendents. 
The  assistant  State  superintendents  shall  be  under  the  direct  con- 
trol of  the  State  superintendent ;  the  assistant  county  and  assistant 
municipal  superintendents  shall  be  under  the  direct  control  of  the 
superintendent  of  their  respective  counties  or  municipalities,  and 
shall  have  all  the  powers  and  authority  of  a  superintendent  of 
weights  and  measures  in  making  inspections  and  measurements. 

The  jurisdiction  of  the  county  superintendents  of  weights  and   j^i^uction  of  county 
measures  and  their  assistants  shall  extend  throughout  the  county  °mcers 
for  which  they  were  appointed  except  there  be  appointed  municipal 
superintendents  as  above  provided,  in  which  case  the  jurisdiction 
of  the  county  superintendents  will  not  extend  to  such  municipali- 
ties.    But  nothing  in  this  act  shall  prevent  any  county  or  munici- 
pal superintendent  or  assistant  from  making  official  inspections  in 
any  municipality  in  this  State  upon  the  designation  of  the  State 
superintendent. 

Upon  the  request  of  any  citizen,  firm,  corporation  or  other  inter-   f?stg17 
ested  party  made  to  the  superintendent  of  the  State  or  the  super- 
intendent of  any  municipality  or  county  thereof,  such  superin- 
tendent shall  cause  test  to  be  made  of  any  weights  or  measures; 
and  if  such  weight  or  measure  be  found  correct,  or  be  made  correct,    Seal  ° 
such  superintendent  or  assistant  shall  affix  thereto  the  seal  of  the 
department  certifying  to  the  correctness  thereof. 

It  is  the  purpose  of  this  act  that  all  the  weights  and  measures  ojJ^HJjd  and 
used  in  trade  within  this  State  shall  be  tested  and  sealed  at  least  we 
once  in  every  two  years ;  and  it  hereby  becomes  the  duty  of  every 
county  or  municipal  superintendent  to  cause  such  inspection  of  the 
weights  and  measures  used  within  his  jurisdiction  to  be  made  as 
heretofore  provided. 

Whenever  any  weight  or  measure  has  been  duly  tested  as  herein 
provided  for,  and  has  been  found  correct,  the  superintendent  ortorsales 
assistant  making  the  test  shall  properly  seal  the  same.  If  such 
weight  or  measure  shall  not  be  found  correct  or  it  shall  not  be  pos- 
sible to  make  it  correct,  said  weight  or  measure  shall  not  be  used, 
but  shall  be  disposed  of  as  hereinafter  provided.  It  shall  be  the 
duty  of  the  State  superintendent  and  his  assistants  to  direct  and 
assist  the  county  and  municipal  superintendents  in  making  inspec- 
tions, and  such  State  superintendent  may  also  make  rules  and 
regulations  which  shall  govern  the  sale  of  commodities.  Every 
person  so  employed  under  any  section  of  this  act  shall  devote  all  official  badge 
his  time  to  the  duties  of  the  office.  Each  superintendent  and 
assistant  superintendent  shall  be  furnished  with  a  badge  displaying 
his  official  number,  and  shall  exhibit  the  same  when  demanded  at 


300  Laws  Concerning  Weights  and  Measures 

any  time  during  the  performance  of  his  duties.  It  shall  be  the 
duty  of  the  State  superintendent  to  design,  number,  register  and 
issue  such  badges. 

luppiy  information  It  shall  also  be  the  duty  of  the  State  superintendent  to  dissemi- 
nate such  information  to  the  citizens  of  this  State  as  will  tend  to 
protect  them  from  the  use  of  false  weights  and  measures. 

Records  Every  superintendent  shall  keep  a  complete  record  of  all  stand- 

ards examined  by  him,  and  every  municipal  and  county  superin- 
tendent shall  annually,  within  ten  days  after  the  first  day  of  Janu- 
ary, make  a  sworn  report  of  his  work  to  the  State  superintendent, 
which  report  shall  contain  a  transcript  of  the  report  of  all  inspec- 
tions, and  the  State  superintendent  shall,  before  the  fifteenth  of 
February,  make  a  report  to  the  Legislature  which  shall  contain, 
besides  any  recommendations  or  suggestions  deemed  necessary  or 
desirable,  an  abstract  or  digest  of  the  reports  of  the  municipal  and 
county  superintendents. 

Annual  tests  in  state  The  State  superintendent  or  one  of  his  assistants  shall  at  least 
once  annually  test  all  weights  and  measures  used  in  checking  the 
receipt  or  disbursement  of  supplies  in  any  department  or  institu- 
tion maintained  wholly  or  in  part  by  the  State.  He  shall  keep  a 
complete  record  of  all  the  orders  and  rules  of  his  department,  of  all 
the  standards,  balances  and  other  apparatus  in  his  custody  belong^ 
ing  to  the  State,  and  shall  take  an  itemized  receipt  from  his  succes- 
sor in  office  of  all  such  standards,  balances  and  other  apparatus. 

s«c- *° ,  It  shall  be  the  duty  of  the  State  superintendent  to  procure  a  set 

National  st  a n dards     -  ,-r-    j   i         ,1        -XT    ±-          i   -r.  r  oj. 

procured  of  standards  properly  certified  by  the  National  Bureau  of  Stand- 

ards, which  shall  be  paid  for  out  of  the  funds  of  the  State. 

^  sna^  ^e  tne  duty  of  the  superintendent  of  each  county  or 
municipality  to  procure  such  standards,  and  the  necessary  testing 
and  sealing  apparatus,  to  be  paid  for  out  of  the  funds  of  the  county 
or  municipality,  as  the  case  may  be. 

standards8 ive  usc  ol  ^n  no  case  sna^  sa^  standards,  whether  furnished  by  the  United 
States  or  duly  certified  by  them,  be  used  by  any  superintendent  for 
any  other  purpose  than  proving  or  adjusting  standards  of  weights 
and  measures  as  provided  for  in  this  act,  and  all  assistant  superin- 
tendents shall  be  provided  with  suitable  standards  or  copies  thereof 
for  use  in  the  performance  of  their  duties. 

official  seal  The  State  superintendent  shall  provide  a  suitable  official  seal 

to  be  used  by  him  during  his  term  of  office  and  duly  surrendered 
by  him  to  his  successor. 

^certificates  of  author-  jje  shall  also  provide  for  himself  and  for  the  use  of  the  county 
and  municipal  superintendents,  seals  or  certificates  of  proper 
form  and  wording  to  be  attached  to  standards  of  weights  and 
measures  which  shall  have  been  approved  in  pursuance  of  the 
provisions  of  this  act. 


New  Jersey  301 

Whenever  any  inspection  of  weights  and  measures  has  been  ffectests  show  devia. 
made  as  hereinbefore  provided  upon  the  request  of  the  owner tion 
thereof,  if  any  weights  and  measures  so  inspected  shall  be  found 
not  to  conform  to  the  legal  standard,  the  superintendent  or 
assistant  superintendent  shall  notify  such  owner  in  writing  that 
the  use  of  such  weight  or  measure  is  illegal.  Within  fifteen  days 
after  the  serving  of  such  notice  the  owner  thereof  shall  have 
such  weight  or  measure  corrected  or  substituted  for  another,  and 
notify  in  writing  the  superintendent  of  such  county  or  municipal- 
ity to  that  effect,  or  shall  deliver  to  such  superintendent  within 
said  time  the  defective  weight  or  measure  for  confiscation;  and 
for  his  failure  to  so  do,  he  shall  be  liable  to  a  fine  of  twenty-five 
dollars. 

Upon  the  first  official  inspection  of  any  weight  or  measure,  correction  of  error « 
except  where  the  inspection  is  made  upon  the  request  of  the slight 
owner  thereof  as  provided  for  in  the  preceding  section,  if  such 
weight  or  measure  shall  be  found  to  deviate  from  the  legal  stand- 
ard, and  the  deviation  shall  be  of  such  nature  as  not  to  be  easily 
known  or  ascertained  by  the  owner  thereof,  it  shall  be  lawful  for 
the  owner  to  correct  such  weight  or  measure,  so  that  it  may  con- 
form to  the  legal  standard,  and  upon  failing  to  do  so,  within  two 
days  after  such  inspection  it  shall  be  lawful  for  the  superintendent 
to  take  possession  of  and  destroy  such  weight  or  measure.  If  the  tected?  penalty sily  de~ 
said  deviation  or  the  causes  thereof  shall  be  patent  or  easily  seen 
or  easily  capable  of  being  known  by  the  owner  thereof,  it  shall 
become  the  duty  of  the  superintendent  or  assistant  superintend- 
ent to  immediately  take  possession  of  and  destroy  such  weight  or 
measure,  and  the  owner  thereof  shall  be  liable  to  a  penalty  of  five 
dollars  in  addition  to  any  other  penalties  and  punishments  herein 
provided. 

If  any  weights  or  measures  theretofore  sealed  and  certified  as   incorrectness    after 
correct  shall  be  found  thereafter  to  be  incorrect,  the  owner  thereof sealing 
shall  be  liable  to  a  penalty  of  ten  dollars. 

After  one  year  from  the  passage  of  this  act  it  shall  be  unlawful   |e{ci|sr  a  year  a:, 
for  any  person  to  buy  or  sell  goods  by  the  use  of  any  weight  or  ^s^a^  measures 
measure  which  has  not  been  tested  and  sealed  according  to  the 
provisions  of  this  act,  under  penalty  of  twenty-five  dollars ;  Pro-    Provis° 
vided,  That  no  contract  shall  be  declared  void  unless  one  of  the 
contracting  parties  has  been  injured  by  the  use  of  the  weight  or 
measure  not  tested  and  sealed. 

Any  person  who  injures  or  defrauds  another  by  using,  or  causes   f£j^,ty 
to  be  used,  with  knowledge  that  the  same  is  false,  a  false  weight, 
measure,  or  other  apparatus,  for  determining  the  quantity  of  any 
commodity,  or  article  of  merchandise,  or  sells  or  exposes  for  sale 
less  than  the  quantity  he  represents,  is  guilty  of  a  misdemeanor. 


302  Laws  Concerning  Weights  and  Measures 

Retention  oi  false  A  person  who  retains  in  his  possession  any  weight  or  measure, 
scales  a  misdemeanor  knowing  it  to  be  false,  unless  it  appears  beyond  a  reasonable 
doubt  that  it  was  so  retained  without  intent  to  use  it,  or  permit 
it  to  be  used  in  violation  of  the  last  section,  is  guilty  of  a  misde- 
meanor. 

taproper  marking  A  person  who  knowingly  marks  or  stamps  false  or  short  weights, 
or  false  tare  on  any  cask  or  package,  or  knowingly  sells  or  offers 
for  sale  any  cask  or  package  so  marked,  is  guilty  of  a  misdemeanor. 

Deviation  allowable  The  State  superintendents  of  weights  and  measures  shall  fix 
tolerances  or  allowable  deviations  from  the  standards  as  herein 
prescribed,  and  he  may  change  the  same  from  time  to  time,  but 
in  no  case  shall  such  allowable  deviation  be  less  than  one-half  of 
one  per  centum.  No  penalty  shall  be  imposed  for  such  an  allow- 
able deviation.  It  shall  be  the  duty  of  the  inspector,  however,  to 
cause  all  weights  and  measures  to  conform  as  nearly  as  possible 
to  the  standard,  before  sealing. 

sec.  3o  The  use,  ownership  or  possession  of  each  separate  weight  or 

Each  piece  a  separate  .  .    ,       .         *   f  £   , ,  .    .  r   ,  1  •  t      ti   i 

violation  measure  in  violation  of  any  of  the  provisions  of  this  act  shall  be 

deemed  as  separate  violations  thereof.     Nothing  herein  shall  be 
construed  to  create  a  penalty  for  any  deviation  in  weights  or 
measures  from  the  standard  as  herein  set  forth  when  such  devia- 
tion shall  be  to  the  disadvantage  of  the  owner  thereof, 
see.  31  Any  deviations  from  the  official  standards  herein  prescribed, 

Scale  ol  penalties          .  ,      J  .  .    , 

either  in  weights  or  measures  or  in  packages,  crates,  barrels  or 
other  receptacles  in  which  any  commodity  is  sold  or  offered  for 
sale,  which  shall  exceed  the  allowable  error  as  set  forth  in  section 
twenty-nine  hereof  by  more  than  three  times  the  amount  of  such 
allowable  error,  shall  be  punished  by  a  penalty  double  that  other- 
wise prescribed,  and  should  such  deviation  exceed  such  allowable 
error  by  more  than  five  times  such  allowable  error,  the  penalty 

sec«tfofiensebled  forsna^  be  three  times  that  otherwise  provided.  The  penalty  or 
punishment  for  an  offense  or  penalty  incurred  under  any  of  the 
provisions  of  this  act  shall  be  double  that  otherwise  prescribed 
herein,  upon  its  being  shown  that  such  person  has  heretofore  been 
fined,  punished  or  convicted  under  the  same  or  any  other  section 
of  this  act,  providing  the  act,  or  omission  upon  which  such  second 
penalty  or  offense  is  based  shall  have  occurred  after  the  conviction 
or  recovery  for  such  first  offense, 
presence  of  scales  F°r  the  purposes  of  this  act,  proof  of  the  existence  of  weights 

presumption  of  use  or  measures  in  or  about  any  building,  inclosure,  stand  or  vehicle 
in  or  from  which  it  is  shown  buying  or  selling  is  commonly  carried 
on,  shall  be  presumptive  proof  of  their  regular  use  for  such  pur- 
poses and  of  their  ownership  by  the  person  so  using  or  possessing 
them,  and  such  facts  shall  be  deemed  to  remain  established  until 
disproved  beyond  reasonable  doubt. 


New  Jersey  303 

Each  weight  or  measure  used  by  any  superintendent  or  assistant  1^'to3 authenticity  of 
superintendent  as  a  standard  for  testing  the  weights  and  measures  standards 
used  in  buying  or  selling  shall  be  stamped  or  marked  by  the  super- 
intendent of  such  county  or  municipality  in  such  manner  as  he 
may  determine.  A  certificate  which  certifies  to  the  correctness  of 
such  weight  or  measure,  designating  the  same  by  number,  and  giv- 
ing the  date  of  its  comparison  with  any  of  the  standard  weights  and 
measures  deposited  with  any  State,  county  or  municipal  super- 
intendent as  in  this  act  provided,  shall  be  presumptive  evidence 
that  such  weight  or  measure  has  continuously  since  the  date  of 
such  comparison  conformed  with  the  said  standards  and  the 
national  and  State  standards.  Such  certificate  shall  be  signed  by 
the  superintendent  of  the  State  or  the  superintendent  of  such 
county  or  municipality,  and  any  certificate  substantially  setting 
forth  the  above  facts  and  purporting  to  be  so  signed  by  such  a 
superintendent  shall  upon  its  production  be  admitted  as  such  pre- 
sumptive evidence,  without  further  proof  of  its  authenticity. 

No  person  shall  in  any  way  or  manner  hinder  or  molest  any    sec.  34 

.  .    J  J  .  .  ,  ,J      Penalty  for  hindering 

duly  authorized   superintendent   or  assistant   superintendent   inofficial 
the  performance  of  the  duties  herein  imposed  upon  him,  under 
penalty  of  one  hundred  dollars  for  every  such  offense. 

No  person  shall  refuse  to  exhibit  any  weights  or  measures  to  any    f^^  for  refusing 
of    said    superintendents    or    assistant    superintendents    for    the to  eihibit  weights,  etc. 
purpose  of  being  so  inspected  and  examined,  nor  shall  any  person 
refuse  to  admit  such  officer  to  his  store,  or  place  of  business,  during 
the  usual  hours  for  business,  nor  shall  any  person  who  may  be 
buying,  selling  or  delivering  goods,  liquids  or  commodities  from 
any  wagon  or  conveyance  refuse  to  permit  such  officer  to  examine 
any  weights  or  measures  which  may  be  in  or  about  such  conveyance, 
under  the  penalty  of  twenty-five  dollars  for  every  such  offense. 
No  person  shall  alter  or  change  in  any  manner  any  weight  or  meas-  ^13*^^  altering 
ure,  or  allow  the  same  to  be  done,  after  the  same  has  been  tested 
and  sealed  by  any  officer  or  inspector  under  the  authority  of  this 
act,  so  that  the  same  shall  weigh  or  measure  incorrectly,  under 
penalty  of  one  hundred  dollars  for  each  such  offense. 

Any  person  violating  any  of  the  provisions  of  this  act  for  which    General  penalty 
a  specific  penalty  has  not  been  provided  shall  be  liable  to  a  penalty 
of  ten  dollars. 

Whenever  any  weight  or  measure  is  sold  or  delivered  after  sale   ireeV7scaies  to  be 
to  any  person  within  this  State  for  the  purpose  of  use  in  the  pur- 8tandard 
chase  of  or  in  the  sale  of  commodities,  such  weight  or  measure 
shall  be  of  the  legal  or  true  standard  as  heretofore  provided  in  this 
act,  and  any  person  selling  a  false  weight  or  measure  with  knowl-  fa£^t for  selling 
edge  that  it  is  to  be  used  in  weighing  or  measuring  commodities 
shall  be  liable  to  a  penalty  of  fifty  dollars. 


304  Laws  Concerning  Weights  and  Measures 

Artion8  it  seals  easily  Whenever  any  superintendent  shall  find  that  a  particular 
arranged  to  defraud  weight  or  measure  is  so  constructed  as  to  facilitate  the  perpetra- 
tion of  fraud,  he  may  decline  to  seal  the  same,  and  in  such  case 
shall  report  his  act  to  the  State  superintendent,  who  shall  there- 
upon make  an  investigation,  and  if  satisfied  that  its  use  is  preju- 
dicial to  the  best  interests  of  the  public  shall  make  an  order  that 
such  standard  shall  be  treated  as  an  unlawful  standard.  Such 
order  may  be  reviewable  both  as  to  the  law  and  to  the  fact  upon 
application  to  the  Supreme  Court. 

!e£o3very  of  penalties  An  action  to  recover  any  penalty  incurred  under  the  provisions 
of  this  act  may  be  brought  in  the  name  of  the  State  of  New  Jersey 
by  any  duly  appointed  superintendent  or  assistant  superintendent. 
It  shall  be  the  duty  of  the  city  attorney  of  any  municipality 
wherein  such  violation  shall  take  place,  to  assist  in  the  prosecution 
of  the  same,  unless  such  municipality  has  no  municipal  superin- 
tendent of  weights  and  measures  as  provided  for  in  section  ten 
hereof,  in  which  case  the  public  prosecutor  of  the  county  wherein 
such  violation  shall  take  place,  shall  assist  in  such  prosecution. 
^Disposition  of  penai-  ^11  fines  or  penalties  collected  from  persons  offending  against 
the  provisions  of  this  act  shall  be  paid  by  the  magistrate  receiving 
the  same  into  the  county  treasury  of  such  county,  unless  such 
penalty  was  incurred  within  a  municipality  or  municipalities  hav- 
ing a  municipal  superintendent  as  provided  in  said  section  ten,  in 
which  case  such  penalty  shall  be  paid  into  the  treasury  of  such 
municipality  or  municipalities  pro  rata. 

^^s  ac^-  sna^  be  deemed  a  public  act,  and  shall  be  liberally  con- 
strued. Should  any  section  or  provision  thereof  be  held  uncon- 
stitutional or  invalid,  it  shall  not  be  held  to  affect  any  other 
section  or  provision  hereof. 

|eecpe4arj  All  acts  or  parts  of  acts  inconsistent  with  provisions  of  this  act 

shall  be  and  the  same  are  hereby  repealed,  and  this  act,  except  as 

Effective  hereinbefore  provided,  shall  take  effect  on  May  first,  one  thousand 

nine  hundred  and  eleven. 

sess.  Laws,  1908.  ch.      ^Q  mayOrs  of  c{fa§  anc[  boroughs  and  the  governing  bodies  of 

pSbBe  scales  other  municipalities  are  hereby  authorized  to  designate  stationary 

or  movable  scales,  suitable  for  the  purpose  of  weighing  coal.  The 
owners  thereof  may  tender  the  same  for  public  use,  in  such  con- 
venient parts  of  the  municipality  and  in  such  numbers  as  shall  be 
deemed  necessary,  on  which  the  coal  and  vehicle  in  which  the 
same  is  carried  may  be  weighed  at  the  request  of  the  purchaser  of 
the  coal.  The  designation  of  such  scales  shall  be  in  writing,  and 
a  notice  thereof  shall  annually  be  inserted  in  a  newspaper  cir- 
culating in  the  municipality.  The  owners  of  the  scales  so  desig- 
nated shall  provide,  at  their  own  expense,  test  weights,  and  the 
said  scales  shall  be  subject  at  all  times  to  the  inspection  and 


New  Jersey  305 

supervision  of  the  official  sealer  or  inspector  of  weights  and  meas- 
ures, if  there  be  such  in  the  municipality.  The  owner  of  such 
scales  shall  employ,  at  his  expense,  a  competent  weigh  master, 
and  shall  be  entitled  to  charge  for  weighing  coal  and  the  vehicle 
containing  the  same  a  fee  not  exceeding  twenty-five  cents  for 
each  load;  provided,  that  empty  vehicles  returning  to  such  scales 
after  delivery  of  the  coal  weighed  therein  shall  be  reweighed 
without  additional  charge.  The  owner  of  scales  so  designated 
shall  enter  into  bond  to  the  municipality  in  which  such  scales  are 
situated  in  the  sum  of  one  hundred  dollars,  conditioned  that  the 
said  scales  shall  be  kept  in  such  condition  as  at  all  times  to  prop- 
erly register  the  weight  of  coal,  and  that  the  person  weighing  coal  certificate 
thereon  shall  perform  his  duties  faithfully  and  furnish  correct 
certificates  to  all  persons  having  coal  or  vehicles  weighed  at  such 
scales.  Any  owner  of  such  scales,  or  any  agent  or  representative  Penalty  for  traudu- 
of  such  owner,  or  any  weigh-master  employed  by  him,  who  shall 
be  in  any  manner  concerned  in  any  fraudulent  weighing  of  coal 
or  vehicles,  at  such  scales,  shall  be  liable  to  a  penalty  of  fifty 
dollars  for  each  offence.  Every  owner  of  such  scales  shall  keep  Record 
a  book  in  which  shall  be  enered  in  ink  a  memorandum  of  every 
load  of  coal  weighed  at  such  scales,  showing  the  name  of  the 
person,  firm  or  corporation  delivering  said  coal,  the  net  weight 
thereof  as  shown  by  the  delivery  ticket  thereof,  the  name  of  the 
purchaser  thereof,  the  gross  weight  of  the  coal  and  vehicle,  and 
net  weight  of  the  coal  as  weighed,  and  the  date  of  the  weighing 
thereof;  such  books  shall  be  open  to  the  inspection  of  the  pur- 
chaser and  seller  of  the  coal. 

Every  purchaser  of  coal  before  accepting  delivery  of  the  same,    pSa^,  may  re- 
may  require  any  load  of  said  coal  to  be  weighed  at  his  expense  iuire  load  wei«he<1 
either  at  scales  designated  under  the  provisions  of  section  four 
[fourteen],  nearest  to  the  point  of  delivery,  or,  if  the  seller  so  prefer, 
at  the  public  scales  of  the  municipality,  if  such  there  be.     Upon    Procedure 
request  of  the  said  purchaser  or  his  servant  or  agent,  the  driver 
or  other  person  in  charge  of  any  vehicle  containing  coal  to  be 
delivered  to  said  purchaser  shall  take  the  vehicle  containing  coal 
immediately  and  directly  to  such  scales,  and  shall  there  have  said 
vehicle  and  the  coal  contained  therein  weighed,  and  shall  at  the 
time  exhibit  to  the  person  weighing  the  same  the  delivery  ticket 
accompanying  such  load  and  permit  a  copy  of  said  ticket  to  be 
made,  and  after  the  delivery  of  the  coal  shall  take  the  empty 
vehicle  from  which  the  same  was  delivered  immediately  and 
directly  to  the  same  scales  to  be  weighed.     A  certificate  of  the    certificate  of  weight 
weight  of  such  coal,  so  weighed  as  aforesaid,  shall  thereupon  be 
furnished  to  the  purchaser  of  such  coal  by  the  person  in  charge 

8578°— 12 20 


306  Laws  Concerning  Weights  and  Measures 

to  weighed1  refusfa8  of  the  scales  at  which  said  coal  is  weighed.  If  any  seller  of  coal 
shall  refuse  to  permit  coal  purchased  from  him  to  be  weighed,  at 
the  request  of  the  purchaser  or  his  servant  or  agent  as  herein  pro- 
vided, or  if  any  driver  or  other  person  in  charge  of  a  vehicle  con- 
taining coal  or  from  which  coal  has  been  delivered,  shall  refuse 
to  take  the  same,  at  the  request  of  the  purchaser  or  his  servant 
or  agent  as  aforesaid,  immediately  and  directly  to  the  scales  for 
the  purpose  of  having  the  same  weighed,  or  the  empty  vehicle 
re- weighed,  or  if 'any  such  driver  or  other  person  in  charge  of  a 
vehicle  containing  coal  shall  fail,  upon  the  request  of  the  pur- 
chaser or  his  servant  or  agent  as  aforesaid,  to  go  immediately 
and  directly  to  the  scales  for  the  purpose  of  weighing  the  said  coal 
and  vehicle,  and  reweighing  the  empty  vehicle,  or  shall  refuse  to 
exhibit  to  the  person  weighing  the  same  the  delivery  ticket  or 
refuse  to  permit  a  copy  of  said  ticket  to  be  made,  the  person,  firm 
or  corporation  selling  the  said  coal  shall  be  liable  to  a  penalty  of 
fifty  dollars  for  each  offense. 
How'Senawes  recov-  The  penalties  provided  by  this  act  shall  be  recoverable  in  an 

ered  action  upon  contract  at  the  suit  and  for  the  benefit  of  the  munici- 

pality in  which  the  said  seller  of  coal  shall  have  made  the  sale, 
which  action  may  be  brought  in  any  court  having  jurisdiction  of 
civil  suits  for  the  amount  demanded, 
penalty  for  falsely      K  any  person  or  persons,  corporation  or  corporations  owning  or 

weighing  live  stock,  hay  keeping  or  having  charge  of  any  scales  or  steelyards  for  the  pur- 
pose of  weighing  live  stock,  hay  or  grain  shall  knowingly  and  wil- 
fully report  any  false  or  untrue  weight  whereby  any  other  person 
or  persons,  corporation  or  corporations  may  be  defrauded,  de- 
ceived or  injured,  such  person  or  persons,  upon  conviction  thereof, 
shall  be  fined  in  any  sum  not  exceeding  fifty  dollars,  or  be  im- 
prisoned in  the  county  jail  not  exceeding  thirty  days,  or  both,  at 
the  discretion  of  the  court,  and  also  be  answerable  to  the  party 
defrauded  in  double  damages,  to  be  collected  in  an  action  of  debt 
before  any  court  having  competent  jurisdiction. 
iSo'rd  kept  at  pub.  Whenever  the  person  or  persons,  corporation  or  corporations 

HC  scales  keeping  such  scales  or  steelyards  shall  weigh  any  of  the  aforesaid 

articles  for  hire  or  reward,  he  or  they  shall,  on  demand  of  the 
party  interested,  report  the  weight  of  such  article  or  articles,  in 
writing,  to  the  owner  thereof,  and  shall  keep  a  record  of  the  same 
in  a  suitable  book  to  be  kept  for  that  purpose. 

stVndard  peach  The  standard  size  of  peach  baskets  shall  be  sixteen  (16)  quarts 
Winchester  half-bushel  measure.  The  height  of  the  basket  shall 
be  twelve  and  one-quarter  (12%)  inches,  the  width  across  the  top 
shall  be  thirteen  and  one-half  (13%)  inches;  that  the  inside  meas- 
urement shall  contain  one  thousand  and  seventy-five  and  ten  one- 
hundredths  (1075  lo/ioo)  cubic  inches.  Each  basket  shall  be 


New  Jersey  307 

marked  "Standard  N.  J."  upon  the  staves  just  below  the  rim 

in  Roman  letters,  which  marking  shall  be  burned  on  or  printed 

thereon  with    permanent  red  paint  in  a  straight    line.      Each 

of    them    shall  not  be  less   than   one  inch    (i)    in   length,   and 

not  less  than  one-half  (%)  inch  in  width.     All  person  or  persons,  diStaceuy  ma?kedaskets 

corporation  or  corporations  who  shall  manufacture  for  sale,  or 

who  shall  offer  or  expose  for  sale  any  basket  to  be  used  for  shipping 

or  selling  peaches,  not  standard,   shall  distinctly  and  durably 

stamp,  brand  or  mark  upon  such  basket  upon  the  stave  just 

below  the  rim  the  number  of  quarts  such  basket  contains. 

All  person  or  persons,  corporation  or  corporations  who  shall  lenany  for  using 
manufacture,  sell  or  offer  or  expose  for  sale,  or  have  in  his,  Damped  not  properly 
her  or  their  possession  with  intent  to  sell,  or  to  use  any  peach 
basket  or  baskets  not  stamped,  branded  or  marked  as  required 
thereby,  shall,  for  every  such  offence,  forfeit  and  pay  a  fine  of  not 
less  than  twenty-five  dollars  and  not  more  than  fifty  dollars,  to 
be  recovered,  with  costs,  in  any  of  the  courts  of  this  State  having 
cognizance  thereof,  in  any  action  to  be  prosecuted  by  any  prose- 
cutor of  the  pleas  in  the  name  of  the  State.  The  one-half  of  such 
recovery  shall  be  paid  to  the  informer,  and  the  residue  shall  be 
applied  to  the  support  of  the  poor  in  the  county  where  such 
recovery  is  had. 

No  person  or  corporation  shall  hereafter  sell,  offer  for  sale,  orp^s>  I9°7>  ch-  IS°> 
receive  for  the  purpose  of  sale,  any  milk,  skimmed  milk  or  cream,    ftandard  measure 
except  such  sale,  offer  or  receipt  for  sale,  shall  as  to  quantity  betorsaleofmllk 
based  upon  the  liquid  gallon,  containing  two  hundred  and  thirty- 
one  cubic  inches,  or  the  liquid  quart,  containing  fifty-seven  and 
seventy-five  one  hundredths  cubic  inches,  or  the  proper  and  com- 
plete liquid  subdivisions  thereof. 

Any  cans  originally  containing  more  or  less  than  forty  quarts  of   Marking  of  miik  cans 
milk  or  cream  shall  be  labeled  or  tagged,  naming  in  quarts  the 
original  capacity  of  liquid  measure  of  such  cans  of  milk  or  cream, 
but  no  can  originally  containing  forty  quarts  liquid  measure  shall 
be  labeled  or  tagged. 

Nothing  in  this  act  shall  be  construed  as  prohibiting  the  buying   sec.  3 

ii«  f        "it  •   i          i  •    1  11  ^p0     Maybe  sold  by 

or  selling  of  milk  or  cream  either  by  weight  or  on  the  butter  fat  weight 
basis. 

Any  person  violating  any  of  the  provisions  of  this  act  shall  be  peecna4Uy 
liable  to  a  penalty  of  fifty  dollars,  to  be  recovered  in  an  action  of 
debt,  before  the  Small  Cause  Court,  or  District  Court,  by  any  per- 
son who  may  desire  to  sue  therefor,  who  shall  be  designated  in  the 
state  demand  and  summons  as  plaintiff,  and  when  recovery  is  had 
such  penalty  shall  be  paid  to  the  county  collector  of  the  county  in 
which  the  said  violation  occurred.  *  *  * 


308  Laws  Concerning  Weights  and  Measures 


^Laws,  1900,  ch  29,  p.     Uvery  lot  or  parcel  of  concentrated  commercial  feeding  stuff, 
weight  to  be  marked  as  defined  in  section  two  of  this  act,  used  for  feeding  domestic 

on  packages  of  faeding  animals,  sold,  offered  or  exposed  for  sale  within  this  stati,  shall 
have  affixed  thereto,  in  a  conspicuous  place  on  the  outside  thereof, 
a  legible  and  plainly  printed  statement,  clearly  and  truly  certify- 
ing the  number  of  net  pounds  of  feeding  stuff  contained  therein, 
the  name,  brand  or  trade  mark  under  which  the  article  is  sold,  the 
name  and  address  of  the  manufacturer  or  importer.  *  *  * 
Penalty  Each  and  every  manufacturer,  importer,  agent  or  person  sell- 

ing, offering  or  exposing  for  sale  in  this  state  any  concentrated 
commercial  feeding  stuff,  as  defined  in  section  two  of  this  act, 
without  the  statement  required  by  section  one  of  this  act,  *  *  *. 
shall  be  fined  not  exceeding  one  hundred  dollars  for  the  first  offense, 
and  not  exceeding  two  hundred  dollars  for  each  subsequent  offense. 

^Laws,  i896,  ch.  i78,  p.     That  hereafter  all  bread  sold  in  this  state  shall  be  sold  by  weight, 
sec.  i  and  the  weight  of  all  loaves  of  bread  offered  for  sale  shall  be  speci- 

Bread  to  be  sold  by         ,  <=>  ..         .  , 

weight  fied  by  the  baker  or  dealer  to  the  consumer,  if  said  consumer  re- 

quire it;  all  bread  sold  shall  be  free  from  all  impure  or  foreign  sub- 
stances or  any  material  injurious  to  health. 

Any  person  offending  against  the  provisions  of  this  act  by  refus- 
ing to  specify  the  weight  when  so  required,  or  by  falsely  specifying 
said  weight  intentionally  or  by  wilfully  inserting  in  bread  made  or 
sold  by  him  any  impure  or  foreign  substance  or  material  injurious 
to  health,  shall,  upon  conviction  therefor,  be  punished  by  a  fine 
not  exceeding  the  sum  of  twenty-five  dollars  for  each  offense,  in 
the  discretion  of  the  court.  Any  offenses  under  this  act  shall  be 
cognizable  in  cities  before  recorders  or  police  magistrates  ex- 
clusively where  there  are  such  magistrates,  and  in  towns,  cities 
and  other  places  where  there  is  no  such  magistrate,  before  a  justice 
of  the  peace. 

,ch.217,p.     *    *    *     For  the  purposes  of  this  act  an  article  shall  also  be 
sec.  4  deemed  to  be  misbranded    *    *    * 

Misbranded  foods 

In  the  case  of  food:    *    *    * 

If  in  package  form,  and  the  contents  are  stated  in  terms  of  weight 
or  measure,  they  are  not  plainly  and  correctly  stated  on  the  out- 
side of  the  package. 


NEW  MEXICO 


Buying  and  selling 


ap- 


The  weights  and  measures,  as  adopted  by  the  United  States   comp.  Laws,  1897, 

1        ,  ,     •  f         ±1  f         •  -i  vo'-  J.  title  42,  ch.  i,  p. 

government,  and  at  present  m  use  for  the  purposes  of  said  gov-io36 
ernment,  be  and  the  same  are  hereby  adopted  and  established  as   Sec  4I(//J2) 
the  legal  weights  and  measures  of  the  Territory  of  New  Mexico,    standards  adopted 

All  persons  purchasing  or  selling  with  or  by  any  other  weights   sec. 
and  measures  than  such  as  have  been  approved  and  sealed,  as  by 
this  act  required,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  fined,  on  conviction,  in  a  sum  not  less  than  twenty  dollars, 
nor  more  than  one  hundred  dollars. 

The  inhabitants  of  each  county,  shall  apply  to  the  probate  judge   sec  4187 

...  -        .,,  .      ,1  -  ,.  .    ,  •7'J  -  ri^  ',  ,  K      ,.          Jr  ,1         Application    for 

thereof,  within  the  term  of  thirty  days  from  the  publication  of  the  provai 
notice  for  such  purpose,  to  cause  a  comparison  of  their  weights 
and  measures,  and  for  the  judge  of  probate  to  give  them  his  ap- 
proval in  the  comparison,  and  in  addition  to  the  general  seal,  he 
shall  place  thereon  the  peculiar  one  of  the  county. 

The  secretary,  for  the  comparisons,  approved  with  the  seal, 
which  he  may  prepare  for  each  county,  as  also  the  judges  of  pro- 
bate for  those  which  they  prepare  in  their  respective  counties, 
shall  receive  twenty-five  cents,  for  each  measure  from  the  person 
who  wishes  such  comparison. 

Any  judge  of  probate  who  shall  alter  the  measures,  and  approve 
the  same,  for  any  person  who  may  solicit  it,  shall  be  punished  by 
a  fine  of  not  less  than  fifty  dollars,  nor  more  than  two  hundred 
dollars,  which  shall  be  placed  in  the  county  treasury,  if  they  be 
convicted  and  sentenced  in  the  district  court. 

That  the  secretary  of  the  Territory  of  New  Mexico  be  and  he  is   Sec 
hereby  required  to  procure  as  soon  as  possible  from  the  proper   secretanr  to  procure 
department  of  the  Federal  Government,  the  necessary  standard 
of  weights  and  measures  for  this  territory,  which  shall  be  deposited 
in  his  office  for  the  greater  security  thereof. 

As  soon  as  said  standards  of  weights  and  measures  shall  be   l^un^stanaards 
provided  and  deposited  in  the  manner  required  in  the  foregoing 
section,  each  probate  judge,  in  order  to  provide  for  their  respec- 
tive counties,  on  receiving  information  that  the  said  standard  has 
been  received  and  deposited  as  aforesaid,  shall  apply  in  person,  or 


Sec.  418 
Fees 


Sec.  4189 
Alteration 


310  Laws  Concerning  Weights  and  Measures 

through  some  person  in  whom  he  has  confidence,  to  the  secretary 
of  the  territory,  in  order  that  the  said  secretary  furnish  him  with 
exact  weights  and  measures  as  deposited  in  the  said  office  of  the 
said  secretary ;  and  said  comparison  of  said  standards  shall  be  the 
model  for  weights  and  measures  in  the  respective  counties;  and 
every  two  years  thereafter  the  judges  of  probate  shall  cause  a 
comparison  to  be  made  with  the  said  standard  of  weights  and 
measures  deposited  with  the  secretary  of  the  territory. 

Expense  of  standards  The  secretary  of  the  territory  shall  provide  and  deposit  in  his 
office,  the  standard  mentioned  in  section  4190,  at  the  expense  of 
the  territory;  and  in  order  to  provide  therefor,  on  presentation 
of  the  account  for  transportation  and  other  expenses  in  obtaining 
said  standards  as  made  by  the  said  secretary,  the  auditor  of 
public  accounts  of  this  territory  shall  draw  a  warrant  on  the 
territorial  treasury  for  the  amount  of  the  account  thus  presented, 
and  the  treasurer  shall  pay  the  same  out  of  any  funds  in  his 
hands  belonging  to  the  said  territory:  Provided,  That  the  said 
account  shall  not  exceed  the  sum  of  fifty  dollars. 

Expense  of  compari-  The  judges  of  probate  of  this  territory  shall  obtain  a  compari- 
son to  be  paid  by  county  son  with  ^  standard  that  has  been  deposited  in  the  office  of 
secretary  of  the  territory,  at  the  expense  of  their  respective 
counties. 

Yard4Is9ubstituted  for  The  vara  measure  is  hereby  suppressed,  substituting  in  lieu 
vara  thereof  as  the  legal  measure  in  this  territory,  the  yard,  this  being 

the  measure  generally  approved  in  the  United  States. 

Enforcement;  duty  of  The  probate  judges  of  the  different  counties,  of  which  this  ter- 
ritory is  composed,  are  hereby  required  to  enforce  compliance 
with  the  law  relative  to  weights  and  measures,  by  requiring  the 
same  to  be  presented  to  said  judge  annually  for  his  comparison 
and  approval:  Provided,  That  any  person  who  shall  fail  to 
comply  with  said  duty  shall  be  liable  to  suffer  the  penalty  im- 
posed by  law  for  such  violation. 

Penalty6  Any  probate  judge  who  shall  fail  to  comply  with  the  duties 

herein  specified,  on  conviction  thereof  before  the  district  court, 
shall  suffer  a  fine  for  such  omission  in  any  sum  not  less  than  two 
hundred,  nor  more  than  five  hundred  dollars. 

comp   Laws   i897.     Any  person  or  persons  who  shall,  with  malice  and  to  the  iniury 

Vol.  I,  title  8,  ch.  5,  p.      -     ,    •'*.  •«••«««  •    « 

399-400  01  the  people  or  to  any  individual,  alter  or  reduce  the  legal  weights 

sec-^g'i  *  and  measures,  regulated  according  to  the  standard  established  in 

andsmegasuret  weightsthis  territory,  sections  four  thousand  one  hundred  and  eight-five 
to  four  thousand  one  hundred  and  ninety-six,  use  any  false  meas- 
ures, -on  conviction  thereof  before  the  court  of  a  justice  of  the 
peace,  or  upon  indictment  before  the  district  court,  shall  be  tried 
and  sentenced  as  is  provided  by  said  sections. 


New  Mexico  311 

The  following  rule  and  method  of  measuring  loose  hay  in  the  6  **m>  I90I>  ch  34>  p 
stack,  and  specifying  the  cubical  contents  of  a  ton  of  loose  hay,  f^,1  establlsll  d  te 

is  hereby  established.  measuring  hay 

Measure  the  stack  for  length,  width,  and  the  "over,"  to  get   Sec  2   . 

, .     °  ,  °          Measuring  a  stack  o! 

the     over,    throw  a  tape  line  over  the  stack  at  an  average  place,  nay 
from  ground  to  ground,  drawing  it  tightly. 

Multiply  the  width  by  the  over  and  divide  this  result  by  four. 

Multiply  result  of  division  by  the  length,   for  approximate 
cubical  contents  of  stack. 

To  reduce  to  tons,  for  hay  that  has  stood  in  stack  less  than  20  tT1?n.nf  gej)f  *** 

'  J  stacked    twenty    days 

days,  divide  cubical  contents  by  512,  for  more  than  20  and  less  *"£  jf  ^  stacked 
than  60  days  divide  cubical  contents  by  422,  for  more  than  60 
days  divide  cubical  contents  by  380. 

Example.     Stack  measures  17  feet  wide,  58  feet  long,  and  36 
feet  over.     Stack  has  stood  1 5  days. 

Multiply  17  by  36  equals  612. 

Divide  612  by  4  equals  153. 

Multiply  153  by  length  58  equals  8874  which  gives  the  cubical 
contents  in  feet. 

Divide  8874  by  512  equals  17^  tons  in  stack. 

There  is  hereby  created  in  each  of  the  several  counties  of  the^J^J^*0*'  ch-  98> 
Territory  of  New  Mexico,  now  existing  or  which  may  hereafter  be  iereajtag  offlce  m_ 
created,  the  office  of  Inspector  of  Weights  and  Measures.  8Pector  °f  weights  and 

measures 

The  Board  of  county  commissioners  in  each  of  the  several   B^rd  Of  county  com- 
counties  of  the  Territory  of  New  Mexico  are  hereby  authorized mlssionerstoapl)omt 
and  empowered  to  appoint  in  their  respective  counties  an  Inspector 
of  Weights  and  Measures.     The  first  appointment  under  this  Act 
shall  be  made  by  the  several  boards  of  county  commissioners 
immediately  after  the  passage  of  this  Act  and  said  officer  so 
appointed  shall  hold  his  office  for  the  term  ending  the  first  Mon-   Term 
day  in  January,  1909,  or  until  his  successor  is  duly  appointed  and 
qualified,  unless  sooner  removed  for  cause  by  said  Board. 

The  Secretary  of  the  Territory  is  hereby  authorized  and  directed    secretary  of  Tem- 

*J         i_  xi_      -vr   A«          «  -n  £  oj.        j       j  tory  to  secure  standards 

to  purchase  through  the  National  Bureau  of  Standards  as  soon  as 
possible  after  the  passage  of  this  act,  a  complete  set  of  standards 
of  weights  and  measures  duly  tested  and  certified  to  by  said 
bureau,  which  set  of  standards  shall  be  kept  in  the  office  of  the 
secretary  at  the  territorial  capitol. 

There  is  hereby  appropriated  out  of  any  funds  in  the  territorial    Appropriation  for 
treasury,    except   the   interest   fund,   the   sum   of  five   hundred 
($500.00)  dollars  for  the  purchase  of  said  set  of  standards,  which 
shall  be  paid  upon  warrant  drawn  by  the  territorial  auditor  sup- 
ported by  certified  voucher  of  the  Secretary  of  the  Territory. 

The  Board  of  County  Commissioners  of  each  county  in  this  ' ion" 

Territory  is  hereby  authorized  and  directed  to  purchase  as  soon 


312 


Duties  of  inspector 


Sec.  4 

Dealer     must 
weight  ticket 


Laws  Concerning  Weights  and  Measures 

as  possible  after  the  passage  of  this  act,  through  the  Secretary 
of  this  Territory,  a  complete  set  of  standards  for  the  use  of  the 
Inspector  of  Weights  and  Measures  for  such  county,  which  set  of 
standards  shall  conform  as  to  accuracy  with  the  territorial  set  of 
standards  in  the  office  of  the  Secretary  of  the  Territory. 

It  shall  be  the  duty  of  the  inspector  of  weights  and  measures, 
appointed  under  the  provisions  of  the  preceding  section,  before 
entering  upon  the  discharge  of  his  duties  to  take  an  oath  as  pre- 
scribed by  law  and  furnish  bond  in  the  sum  of  one  thousand  dollars 
($1,000.00),  signed  by  two  or  more  good  and  sufficient  sureties, 
or  by  some  bonding  company  authorized  to  do  business  in  the 
territory  of  New  Mexico,  to  be  approved  by  the  board  of  county 
commissioners  and  to  be  conditioned  for  the  faithful  discharge  of 
his  duties.  After  taking  the  oath  of  office  and  furnishing  bond 
as  herein  required,  it  shall  be  the  duty  of  said  inspector  at  inter- 
vals not  less  than  five  nor  more  than  seven  months  apart  to 
examine  and  test  the  accuracy  of  all  weights,  measures,  scales  and 
other  devices  used  for  weighing  or  measuring  any  article  for  sale 
which  may  be  used  in  such  a  manner  that  the  accuracy  of  them 
may  be  of  pecuniary  interest  to  any  citizen  other  than  the  owner 
or  user  thereof;  to  stamp  with  a  suitable  seal  to  be  prescribed  by 
the  board  of  county  commissioners,  each  measure,  scale,  or  other 
device  for  measurement  or  weight,  which  he  may  find  to  conform 
or  which  shall  be  made  to  conform  to  the  standard  prescribed  by 
the  laws  of  the  United  States  and  of  this  Territory,  and  deliver 
to  the  owner  thereof  a  certificate  of  the  accuracy  thereof;  to  seize 
in  the  name  of  the  Territory  all  false  weights,  measures,  scales, 
or  other  devices  for  measurement  or  weight,  which  he  may  find 
and  which  the  owner  shall  refuse  to  have  immediately  made  to 
conform  to  said  laws;  and  he  shall  keep  a  record  of  all  scales, 
measures,  or  other  such  devices  inspected  by  him,  specifying  date, 
place  of  inspection  and  the  name  or  names  of  the  person  or  per- 
sons for  whom  the  inspection  was  made,  and  shall  report  his  find- 
ings under  oath  to  the  board  of  county  commissioners  at  the  session 
next  succeeding  any  tour  of  inspection. 

s  It  shall  not  be  lawful  for  any  licensed  dealer  to  sell  or  deliver 
any  hay,  coal,  coke,  charcoal,  fire  wood  or  other  fuel,  unless  the 
delivery  of  such  article  or  articles  shall  be  accompanied  by  a 
delivery  ticket,  signed  by  the  person,  firm  or  corporation  selling 
said  hay  or  fuel,  stating  in  tons,  fractional  parts  thereof  or  pounds 
avoirdupois  the  weight  thereof  in  the  vehicle  used  for  said  deliv- 
ery, unless  it  be  wood,  when  the  quantity  shall  be  expressed  in 
cords  or  fractional  parts  thereof.  Said  ticket  shall  also  state  the 
name  of  the  seller  and  purchaser,  and  said  ticket  shall  be  deliv- 
ered to  the  purchaser  of  any  such  article  by  the  seller  in  all  sales 


New  Mexico  313 

of  the  same  and  at  the  time  of  delivery ;  and  any  such  dealer  who 
shall  knowingly  violate  the  foregoing  provisions  of  this  Section  or 
who  shall  knowingly  sell,  deliver,  or  attempt  to  sell  or  deliver  any 
short,  false  or  fraudulent  weight  or  measure  of  any  of  the  articles 
hereinbefore  mentioned,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  ($25.00)  dollars  nor  more  than  one  hundred  ($100.00) 
dollars,  and  upon  second  conviction  for  a  like  offense  his  license 
shall  be  revoked  and  no  license  shall  be  granted  to  such  dealer  to 
engage  in  the  same  business  or  occupation  for  a  period  of  one  year 
thereafter. 

The  salary  of  such  Inspector  of  Weights  and  Measures  shall  be  f ^  0,  inspectors 
one  hundred  ($100.00)  dollars  per  annum,  payable  semi-annually 
out  of  the  current  expense  fund  of  the  county  wherein  he  is 
appointed,  and  he  shall  be  allowed  in  addition  to  such  salary  the 
sum  of  fifty  ($50.00)  dollars  for  traveling  expenses  for  each  trip  of 
inspection,  and  he  shall  collect  in  the  name  of  the  Territory  from 
each  person,  partnership  or  corporation,  the  sum  of  fifty  cents  (5oc) 
for  each  and  every  scale  of  every  kind  or  character  examined, 
tested  and  sealed  by  him,  and  the  sum  of  twenty-five  cents  (25c) 
for  each  and  every  measure  tested  by  him,  and  shall  after  each 
trip  of  inspection,  make  under  oath  an  itemized  statement  of  all 
such  moneys  so  collected  by  him,  which  money  shall  be  paid  over 
by  such  inspector  to  the  county  treasurer  of  said  county,  and 
placed  to  the  credit  of  the  current  expense  fund,  but  no  inspector 
shall  receive  any  compensation  other  than  the  salary  hereinbefore 
provided,  and  the  fifty  ($50.00)  dollars  traveling  expenses  for 
making  each  trip  of  inspection. 

Any  person  who  sells  or  offers  for  sale  any  commodity  what-  |fec^wies  {or  viola. 
soever,  by  any  false  weight  or  measure,  not  corresponding  with  «ons  of  this  act 
the  weights  and  measures  adopted  by  the  United  States  govern- 
ment and  in  use  by  such  government,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  by  a  fine 
of  not  less  than  twenty-five  ($25.00)  dollars  nor  more  than  one 
hundred  ($100.00)  dollars;  and  upon  a  second  conviction  for  a 
like  offense,  any  license  under  which  he  may  be  doing  busines 
shall  be  revoked,  and  no  license  shall  be  granted  to  such  person  to 
engage  in  the  same  business  or  occupation  for  a  period  of  one  year 
thereafter.  Such  person  shall  also  forfeit  to  any  person  injured 
by  the  commission  of  such  offense  the  sum  of  twenty-five  ($25.00) 
dollars  to  be  recovered  in  a  civil  action,  either  before  or  after  con- 
viction. 

The  office  of  Inspector  of  Weights  and  Measures  may  be  created    l6^  and  towns  may 
by  any  incorporated  city,  town  or  village,  under  this  act,  by  ordi-  hapeujfessptoctbe  axed 
nance,  and  his  duties,  fees,  and  emoluments  fixed  by  said  ordi- 


314  Laws  Concerning  Weights  and  Measures 

nance.  Such  ordinance  shall  otherwise  conform  to  the  provisions 
of  this  act.  Whenever  such  office  is  so  created  by  any  munici- 
pality, the  duties  of  the  Inspector  of  Weights  and  Measures 
appointed  by  the  board  of  county  commissioners  shall  be  con- 
fined to  the  parts  of  the  county  outside  of  the  city,  town  or  village 
creating  such  office  by  such  ordinance. 

sec. «  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby 

Repeal  repealed,  and  this  act  shall  take  effect  and  be  in  force  from  and 

after  the  date  of  its  passage. 

(isso)  That  the  owner  or  agent  of  each  coal  mine  within  this  territory, 

^comp.  Laws,  1897,  P.  a£  which  the  miners  are  paid  by  weight,  shall  provide  at  or  near 

oewne3rs%t  coai  mines  such  mme  suitable  scales  of  standard  make  for  the  weighing  of  all 

to  provide  scales  COal  mined. 

weig'hmaster  to  be  The  owner  °r  agent  of  such  mine  shall  require  the  person  author- 
swom  as  to  duties  jzed  to  weigh  the  coal  delivered  from  said  mine  to  be  sworn,  before 
some  person  having  authority  to  administer  an  oath,  to  keep  the 
scales  correctly  balanced;  to  accurately  weigh  and  to  record  a 
correct  account  of  the  amount  weighed  of  each  miner's  car  of  coal 
delivered  from  such  mine,  and  such  oath  shall  be  kept  conspicu- 
ously posted  at  the  place  of  weighing.  The  record  of  the  coal 
mined  by  each  miner  shall  be  kept  separate  and  shall  be  open  to 
his  inspection  at  all  reasonable  hours,  and  also  for  the  inspection 
of  all  other  persons  pecuniarily  interested  in  such  mine, 
sec.  2352  In  all  coal  mines  in  this  territory  the  miners  employed  and 

Miners   may   have  ...  .,  .  -          ...  *    ,  .,,  .5" 

competent  check  weigh- working  therein  may  furnish  a  competent  check- weighman,  who 
shall  at  all  proper  times  have  full  right  of  access  and  examination 
of  such  scales,  machinery  or  apparatus,  and  seeing  all  measures 
and  weights  of  coal  mined  and  accounts  kept  of  the  same:  Pro- 
vided, That  no  more  than  one  person  on  behalf  of  the  miners  col- 
lectively shall  have  such  right  of  access,  examination  and  inspec- 
tion of  scales,  measures  and  accounts  at  the  same  time  and  that 
such  person  shall  make  no  unnecessary  interference  with  the  use 
of  such  scales,  machinery  or  apparatus.  The  agent  of  the  miners 
as  aforesaid  shall,  before  entering  upon  his  duties  make  and  sub- 
scribe to  an  oath  before  some  officer  duly  authorized  to  administer 
oaths,  that  he  is  duly  qualified  and  will  faithfully  discharge  the 
duties  of  check- weighman.  Such  oaths  shall  be  kept  conspicuously 
posted  at  the  place  of  weighing. 
ustagS3of  fraudulent  -^P  Person>  company  or  firm  having  or  using  any  scale  or  scales  for 

scales  or  conniving  atthe  purpose  of  weighing  the  output  of  coal  at  mines  so  arranged  or 

false  weights  a  misde-  r,     j  , .,      ,    ,.  °       ,     ,  .  V,  .  .,         -  ., 

meaner  constructed  that  fraudulent  weighing  may  be  done  thereby,  or  who 

shall  knowingly  resort  to  or  employ  any  means  whatsoever  by  reason 
of  which  such  coal  is  not  correctly  weighed  or  reported  in  accordance 
with  the  provisions  of  this  act,  or  any  weighman  or  check- weighman 
who  shall  fraudulently  weigh  or  record  the  weights  of  such  coal,  or 


New  Mexico  315 

receive  at  or  connive  at,  or  consent  to  such  fraudulent  weighing, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  upon  convic-  Penalty 
tion  for  each  such  offense  be  punished  by  a  fine  of  not  less  than 
two  hundred  dollars  ($200),  nor  more  than  five  hundred  dollars 
($500),  or  by  imprisonment  in  the  county  jail  for  a  period  not  to 
exceed  sixty  days,  or  by  both  such  fine  and  imprisonment,  pro- 
ceedings to  be  instituted  in  any  court  of  competent  jurisdiction. 

Any  person,  owner  or  agent  operating  a  coal  mine  in  this  terri-    fSiureto  comply  with 
tory  who  shall  fail  to  comply  with  the  provisions  of  this  act,  Or provisions  of  ^  act 
who  shall  obstruct  or  hinder  the  carrying  out  of  its  requirements 
shall  be  fined  for  the  first  offense  not  less  than  fifty  dollars  ($50) ,    penalty 
nor  more  than  two  hundred  dollars  ($200) ;  for  the  second  offense 
not  less  than  two  hundred  dollars  ($200) ,  nor  more  than  five  hun- 
dred dollars  ($500),  and  for  the  third  offense  not  less  than  five 
hundred  dollars  ($500) :  Provided,  That  the  provisions  of  this  act 
shall  apply  only  tp  coal  mines  whose  products  are  shipped  by  rail 
and  shall  not  apply  to  mines  where  suitable  scales  of  standard 
make  furnished  by  any  railroad  or  transportation  company  or 
through  which  the  coal  is  shipped  are  used  for  weighing. 

NOTE. — The  above  chapter  of  the  session  acts  has  the  following 
note:  Above  act,  though  regularly  passed  and  approved,  has  no 
enacting  clause. 


NEW  YORK 

This  chapter  shall  be  known  as  the  "General  Business  Law."       c?n. 

The  standard  weights  and  measures  that  were  furnished  to  thismes 
state  by  the  government  of  the  United  States,  in  accordance  with 
a  joint  resolution  of  congress,  approved  Tune  fourteenth,  eighteen   sec.  2,  art.  2,  as 

„    J  ,.  *••   .•  f  11  j  amended   by  chs.   187 

hundred  and  thirty-six,  and  consisting  of  one  standard  yard  meas-  and  47o,  Laws,  1919 
ure  and  one  set  of  standard  weights,  comprising  one  Troy  pound,  and  melswes°fwei8hts 
and  nine  avoirdupois  weights  of  one,  two,  three/  four,  five,  ten, 
twenty,  twenty-five  and  fifty  pounds  respectively;  one  set  of 
standard  Troy  ounce  weights,  divided  decimally  from  ten  ounces 
to  the  one  ten-thousandth  of  an  ounce;  one  set  of  standard  liquid 
capacity  measures,  consisting  of  one  wine  gallon  of  two  hundred 
and  thirty-one  cubic  inches,  one-half  gallon,  one  quart,  one  pint 
and  one-half  pint  measure;  and  one  standard  half  hushel,  con- 
taining one  thousand  and  seventy-five  cubic  inches  and  twenty 
one-hundredths  of  a  cubic  inch,  according  to  the  inch  hereby 
adopted  as  standard,  and  such  new  weights,  measures,  balances 
and  other  apparatus  as  may  be  received  from  the  United  States 
as  standard  weights,  measures,  balances  and  apparatus  in  addition 
thereto  or  in  renewal  thereof  as  well  as  such  weights,  measures, 
balances  and  apparatus  as  may  be  added  by  the  state  depart- 
ment of  weights  and  measures  and  verified  by  the  national  bureau 
of  standards  shall  be  the  standard  of  weights  and  measures 
throughout  this  state. 

The  units  or  standard  measures  of  length  and  surface,  from^^.  as  amended  by 
which  all  other  measures  of  extension,  whether  lineal,  superficial  n*«  of  length 
or  solid,  shall  be  derived  and  ascertained,  are  the  standards  of 
length  designated  in  this  article.  For  measures  of  cloths  and 
other  commodities  commonly  sold  by  the  yard,  the  yard  may  be 
divided  into  halves,  quarters,  eighths,  and  sixteenths.  The  rod, 
pole  or  perch,  contains  five  and  one-half  yards;  the  mile,  one 
thousand  seven  hundred  and  sixty  yards.  The  chain  for  meas- 
uring land  is  twenty-two  yards  long  and  is  divided  into  one  hun- 
dred equal  parts  called  links.  The  acre  for  land  measure,  shall  be 
measured  horizontally  and  contain  ten  square  chains,  equivalent 
in  area  to  a  rectangle  sixteen  rods  in  length  and  ten  in  breadth; 
six  hundred  and  forty  acres  being  contained  in  a  square  mile. 

317 


318 


Laws  Concerning  Weights  and  Measures 


Sec.  5 

Units  «i  capacity 


sec.  4,  as  amended  by  The  unjts  or  standards  of  weight  from  which  all  other  weights 
units  oVweigw  shall  be  derived  and  ascertained,  shall  be  the  standard  weights 
designated  in  this  article.  The  hundred- weight  consists  of  one 
hundred  avoirdupois  pounds  and  twenty  hundred  weight  are  a 
ton.  In  all  transactions  relating  to  the  sale  or  delivery  of  coal 
two  thousand  avoirdupois  pounds  in  weight  shall  constitute  a 
legal  ton. 

The  units  or  standards  of  measure  of  capacity  for  liquids  from 
which  all  other  measures  shall  be  derived  and  ascertained  shall 
be  the  standards  designated  in  this  article.  The  barrel  is  equal 
to  thirty-one  and  one-half  gallons  and  two  barrels  are  a  hogshead. 
The  parts  of  the  liquid  gallon  shall  be  derived  from  the  gallon  by 
continual  division  by  the  number  two,  so  as  to  make  half  gallons, 
quarts,  pints,  half  pints  and  gills.  The  peck,  half  peck,  quarter 
peck,  quart,  pint  and  half  pint  for  measuring  commodities  which 
are  not  liquids  shall  be  derived  from  the  half  bushel  by  succes- 
sively dividing  that  measure  by  two.  The  standard  of  measure  for 
buying  and  selling  strawberries,  raspberries,  blackberries,  currants, 
gooseberries,  plums,  cherries,  cranberries  and  other  small  fruits 
shall  be  the  quart,  which  shall  contain  when  even  full  sixty- 
seven  and  two-tenths  cubic  inches;  the  pint,  which  when  even 
full  shall  contain  thirty-three  and  six-tenths  cubic  inches;  the 
half  pint,  which  when  even  full  shall  contain  sixteen  and  eight- 
tenths  cubic  inches;  multiples  of  the  quart,  which  when  even  full 
shall  contain  like  multiples  of  sixty-seven  and  two-tenths  cubic 
inches, 
sec.  5a,  as  enacted  Bottles  used  for  the  sale  of  milk  and  cream  shall  be  of  the  ca- 

oy  JLfJiws   1910 

jBottiMor  jars  tor  miik  pacity  of  half  gallon,  three  pints,  one  quart,  one  pint,  half  pint 
and  one  gill,  filled  full  to  the  bottom  of  the  cap  ring  or  stopple. 
The  following  variations  on  individual  bottles  or  jars  may  be 
allowed:  six  drams  above  and  six  drams  below  on  the  half  gallon; 
five  drams  above  and  five  drams  below  on  the  three  pint;  four 
drams  above  and  four  drams  below  on  the  quart;  three  drams 
above  and  three  drams  below  on  the  pint;  two  drams  above  and 
two  drams  below  on  the  half  pint,  and  two  drams  above  and  two 
drams  below  on  the  gill.  Bottles  or  jars  used  for  the  sale  of  milk 
shall  have  clearly  blown,  or  otherwise  permanently  marked,  in 
the  sides  or  bottom  of  the  bottle  the  name,  initials  or  trade-mark 
of  the  manufacturer  and  a  designating  number,  which  designat- 
ing number  shall  be  different  for  each  manufacturer  and  may  be 
used  in  identifying  the  bottles.  The  designating  number  shall  be 
furnished  by  the  state  superintendent  of  weights  and  measures 
upon  application  by  the  manufacturer,  and  a  record  of  the  desig- 
nating numbers  and  to  whom  furnished  shall  be  kept  in  the  office 
of  the  superintendent  of  weights  and  measures. 


New  York 


319 


Penalty 


§?c-  6 

Heap  measure 


sec-  ? 

Measure 


Any  manufacturers  who  sell  milk  and  cream  bottles  to  be  used 

«         1  .  1  * 

in  this  state  that  do  not  comply  as  to  size  and  marking  with  the 
provisions  of  section  five-a  shall  suffer  a  penalty  of  five  hundred 
dollars,  to  be  recovered  by  the  attorney-general  in  an  action  to 
be  brought  in  the  name  of  the  people  of  the  state  of  New  York. 
Any  dealer  who  knowingly  uses  for  the  purpose  of  selling  milk 
or  cream  jars  or  bottles  purchased  after  this  law  takes  effect  that 
do  not  comply  with  section  five-a  as  to  marking  and  capacity 
shall  be  deemed  guilty  of  giving  false  or  insufficient  measure. 
The  measure  of  capacity  for  all  commodities  commonly  sold  by 

1      11   i  iiici         11  1    •  1-1  1          -i 

heap  measure  shall  be  the  half  bushel  and  its  multiples  and  sub- 
divisions. The  measures  used  to  measure  such  commodities  shall 
be  cylindrical,  with  plain  and  even  bottom,  and  of  the  diameter 
of  nineteen  and  one-half  inches  from  outside  to  outside  if  a  bushel; 
fifteen  and  one-half  inches  if  a  half  bushel,  and  twelve  and  one- 
third  inches  if  a  peck. 

All  commodities  sold  by  heap  measure  shall  be  duly  heaped  up 
in  the  form  of  a  cone,  the  outside  of  the  measure  to  be  the  limit  of 
the  base  of  the  cone,  and  the  cone  to  be  as  high  as  the  commodities 
will  admit. 

The  standard  measure  of  capacity  for  bran  and  shorts  shall  be 

r  .  1         i         1      i         /TM       *  1-  . 

forty  quarts  to  the  bushel.  The  measure  used  for  measuring  and  shorts 
such  commodities  shall  be  round,  with  a  plain  or  even  bottom, 
and  it  shall  be  thirteen  and  one-half  inches  in  diameter  in  the 
clear  at  the  top,  and  fifteen  inches  and  one-half  in  diameter  in  the 
clear  at  the  bottom,  and  of  sufficient  depth  to  contain  such  num- 
ber of  quarts,  when  stricken  with  a  round,  straight  stick  or  roller 
of  uniform  diameter. 

Whenever  any  commodity  specified  in  this  section  is  sold  byLf^s8I'^ 
the  bushel,  and  no  special  agreement  is  made  by  the  parties  as  to 
the  mode  of  measuring,  the  bushel  shall  consist  of  seventy  pounds 
of  lime  or  coarse  salt;  sixty  pounds  of  wheat,  peas,  potatoes, 
clover-seed  or  beans;  fifty-seven  pounds  of  onions;  fifty-six 
pounds  of  Indian  corn,  rye  or  fine  salt;  fifty-five  pounds  of  flax- 
seed;  fifty-four  pounds  of  sweet  potatoes;  fifty  pounds  of  corn 
meal,  rye  meal  or  carrots;  forty-eight  pounds  of  barley,  apples 
or  buckwheat;  forty-five  pounds  of  herds-grass,  timothy  seed  or 
rough  rice;  forty-four  pounds  of  Sea  island  cotton  seed;  thirty- 
three  pounds  of  dried  peaches;  thirty-two  pounds  of  oats;  thirty 
pounds  of  upland  cotton  seed;  twenty-  five  pounds  of  dried  apples; 
twenty  pounds  of  bran  or  shorts.  For  a  fractional  part  of  the 
bushel  a  like  fractional  part  of  the  above  weights  shall  be  required. 

A  barrel  of  pears,  quinces  or  potatoes  shall  represent  a  quantity 
equal  to  one  hundred  quarts  of  grain  or  dry  measure.  A  barrel 
of  apples  shall  be  of  the  following  dimensions:  head  diameter,  tatoes 


s°-  sb>  as  enacted 

s,  1910 


for     bran 


sec.  9 


3^0  Laws  Concerning  Weights  and  Measures 

seventeen  and  one-eighth  inches;  length  of  stave,  twenty-eight 
and  one-half  inches;  bulge,  not  less  than  sixty-four  inches  outside 
measurement,  to  be  known  as  the  standard  apple  barrel.  Or 
where  the  barrel  shall  be  made  straight  or  without  a  bulge,  it 
shall  contain  the  same  number  of  cubic  inches  as  the  standard 
apple  barrel.  Every  person  buying  or  selling  apples,  pears, 
quinces  or  potatoes  in  this  state  by  the  barrel,  shall  be  understood 
as  referring  to  the  quantity  or  size  of  the  barrel,  specified  in  this 
section,  but  when  potatoes  are  sold  by  weight,  the  quantity  con- 
stituting a  barrel  shall  be  one  hundred  and  seventy-four  pounds. 
No  person  shall  make,  or  cause  to  be  made,  barrels  holding  less 
than  the  quantity  herein  specified,  knowing  or  having  reason  to 
believe  that  the  same  are  to  be  used  for  the  sale  of  apples,  quinces, 
pears  or  potatoes,  unless  such  barrel  is  plainly  marked  on  the  out- 
side thereof  with  the  words  "short  barrel"  in  letters  of  not  less 
than  one  inch  in  height.  No  person  in  this  state  shall  use  barrels 
hereafter  made  for  the  sale  of  such  articles  of  a  size  less  than  the 
size  specified  in  this  section.  Every  person  violating  any  pro- 
vision of  this  section  shall  forfeit  to  the  people  of  this  state  a 
sum  of  five  dollars  for  every  barrel  put  up  or  made  or  used  in 
violation  of  such  provision.1 

extraction  of  con-     All  contracts  made  within  the  state  for  work  to  be  done,  or 
tracts  for  the  sale  or  delivery  of  personal  property,  by  weight  or  measure, 

shall  be  taken  and  construed  according  to  the  standards  of  weights 
and  measures  adopted  in  this  article. 

by3i^wsI,'i9ioamended  The  state  superintendent  of  weights  and  measures  shall  take 
intendent01  ofwllghts  cnarge  of  the  standards  adopted  by  this  article  as  the  standards 
and  measures  of  the  state ;  cause  them  to  be  kept  in  a  fireproof  building  belonging 

to  the  state,  from  which  they  shall  not  be  removed,  except  for 
repairs  or  for  certification,  and  take  all  other  necessary  precau- 
tions for  their  safe-keeping.  He  shall  maintain  the  state  stand- 
ards in  good  order  and  shall  submit  them  once  in  ten  years  to  the 
national  bureau  of  standards  for  certification.  He  shall  correct 
the  standards  of  the  several  cities  and  counties  and,  as  often  as 
once  in  five  years,  compare  the  same  with  those  in  his  possession, 
and  where  not  otherwise  provided  by  law  he  shall  have  a  general 
supervision  of  the  weights,  measures  and  measuring  and  weighing 
devices  of  the  state,  and  in  use  in  the  state.  He  shall  upon  the 
written  request  of  any  citizen,  firm,  corporation  or  educational 
institution  of  the  state,  test  or  calibrate  weights,  measures,  weigh- 
ing or  measuring  devices  and  instruments  or  apparatus  used  as 

1  The  attorney  general  of  New  York  has  rendered  an  opinion  to  the  effect  that  section  263  of  the  agri- 
cultural law  repeals  section  9  of  the  general  business  law  so  far  as  the  matter  relates  to  barrels  for  apples, 
pears  and  quinces,  but  the  section  of  the  general  business  law  controls  so  far  as  regards  barrels  of  pota- 
toes. In  consequence  of  this  opinion  the  state  superintendent  of  weights  and  measures  has  issued  instruc- 
tions to  the  effect  [that  a  sealer  of  weights  and  measures  has  nothing  to  do  with  barrels  for  apples,  pears 
and  quinces,  but  is  only  concerned  with  barrels  used  for  potatoes,  which  barrels  should  be  ioo-quart  barrels. 


New  York  321 

standards  in  the  state.  He,  or  his  deputies  or  inspectors  by  his 
direction,  shall  at  least  once  annually  test  all  scales,  weights 
and  measures  used  in  checking  the  receipt  or  disbursement  of 
supplies  in  every  institution  under  the  jurisdiction  of  the  fiscal 
supervisor  of  state  charities  and  he  shall  report  in  writing  his 
findings  to  said  fiscal  supervisor  and  to  the  executive  officer  of 
the  institution  concerned;  and  at  the  request  of  said  officers  the 
superintendent  of  weights  and  measures  shall  appoint  in  writing 
one  or  more  employees,  then  in  actual  service,  of  each  institution, 
who  shall  act  as  special  deputies  for  the  purpose  of  checking  the 
receipt  or  disbursement  of  supplies.  He  shall  keep  a  complete 
record  of  the  standards,  balances  and  other  apparatus  belonging 
to  the  state  and  take  receipt  for  the  same  from  his  successor  in 
office.  He  shall  annually  during  the  first  two  weeks  of  January 
make  to  the  legislature  a  report  of  the  work  done  by  his  office. 
The  state  superintendent,  or  his  deputies  or  inspectors  by  his 
direction,  shall  inspect  all  standards  used  by  the  counties  or  cities 
at  least  once  in  two  years  and  shall  keep  a  record  of  the  same. 
He,  or  his  deputies  or  inspectors  at  his  direction,  shall  at  least 
once  in  two  years  visit  the  various  cities  and  counties  of  the  state 
in  order  to  inspect  the  work  of  the  local  sealers  and  in  the  per- 
formance of  such  duties  he  may  inspect  the  weights,  measures, 
balances  or  any  other  weighing  or  measuring  appliances  of  any 
person,  nrm  or  corporation. 

The  state  shall  have  a  complete  set  of  copies  of  the  original   |«~£  ^  BtaaaK& 
standards  of  weights  and  measures  adopted  by  this  article,  which  weights  and  measures 
shall  be  used  for  adjusting  county  standards,  and  the  original 
standards  shall  not  be  used  except  for  the  adjustment  of  this  set 
of  copies  and  for  scientific  purposes. 

The  state  superintendent  of  weights  and  measures  shall  see 
that  the  foregoing  provisions  of  this  section  are  complied  with 
and  procure  such  apparatus  and  fixtures,  if  the  same  have  not 
already  been  procured,  as  are  necessary  in  the  comparison  and 
adjustment  of  the  county  standards. 

He  shall  cause  all  the  city  and  county  standards  to  be  impressed 
with  the  emblem  of  the  United  States,  the  letters  "N.  Y.,"  and 
such  other  devices  as  he  shall  direct  for  the  particular  county. 

There  shall  be  a  county  sealer  of  weights  and  measures  in  each .  sec.  «,  as  amended 

.  1        1  1       i>  •  <  "V  Laws,  1910 

county,  who  shall  be  appointed  by  the  board  of  supervisors  and   county  sealer;  duties 

,      i  j      re         j       •  i  r  i_  i_          j         TT        •£   11  1_  -j       of  county  sealer;  duty  ol 

hold  omce  during  the  pleasure  of  such  board.     He  shall  be  paid  a  supervisors 
salary  determined  by  the  board  of  supervisors  and  shall  be  pro- 
vided by  them  with  the  necessary  working  equipment  of  standard 
weights  and  measures.     He  shall  take  charge  of  and  safely  keep  the 
county  standards.     Where  not  otherwise  provided  by  law,  the 

8578°— 12 21 


322  Laws  Concerning  Weights  and  Measures 

county  sealer  shall  have  the  power  within  his  county  to  inspect, 
test,  try  and  ascertain  if  they  are  correct,  all  weights,  scales,  beams, 
measures  of  every  kind,  instruments  or  mechanical  devices  for 
measurement  and  the  tools,  appliances  or  accessories  connected 
with  any  or  all  such  instruments  or  measurements  used  or  employed 
within  the  county  by  any  proprietor,  agent,  lessee  or  employee  in 
determining  the  size,  quantity,  extent,  area  or  measurement  of 
quantities,  things,  produce,  articles  for  distribution  or  consump- 
.  tion  offered  or  submitted  by  such  person  or  persons  for  sale,  for  hire 
tionemiaimual  taspec" or  award.  He  shall  at  least  twice  in  each  year  and  as  much  oftener 
as  he  may  deem  necessary  see  that  the  weights,  measures  and  all 
apparatus  used  in  the  county  are  correct.  He  may  for  the  pur- 
poses above  mentioned,  and  in  the  general  performance  of  his  offi- 
cial duties,  enter  or  go  into  or  upon  and  without  formal  warrant, 
any  stand,  place,  building  or  premises  or  may  stop  any  vender, 
peddler,  junk  dealer,  coal  wagon,  ice  wagon  or  any  dealer  what- 
soever, for  the  purposes  of  making  the  proper  tests.  Whenever 
the  county  sealer  finds  a  violation  of  the  statutes  relating  to  weights 
and  measures  he  shall  cause  the  violator  to  be  prosecuted.  The 

Record  county  sealer  shall  keep  a  complete  record  of  the  work  done  by 

Rep°rt  him  and  shall  make  an  annual  report  to  his  board  of  supervisors, 

and  an  annual  report,  duly  sworn  to,  not  later  than  the  first  of 
December  to  the  state  superintendent  of  weights  and  measures. 
The  county  sealer  of  weights  and  measures  shall  forthwith  on  his 
appointment  give  a  bond,  with  sureties  to  be  approved  by  the 
appointing  power,  for  the  faithful  performance  of  the  duties  of 
his  office  and  for  the  safety  of  the  local  standards  and  such  appli- 
ances for  verification  as  are  committed  to  his  charge  and  for  the 
surrender  thereof  immediately  to  his  successor  in  office  or  to  the 
person  appointed  by  the  proper  authority  to  receive  them. 
bySLaws4'i^oamended  There  shall  be  a  city  sealer  of  weights  and  measures  to  be 

city  sealer  appointed  by  the  mayor  with  the  approval  of  the  common  council 

of  each  city.  He  shall  be  paid  a  salary  to  be  fixed  and  determined 
by  the  board  or  body  authorized  to  determine  salaries  of  city  offi- 
cials, and  no  fees  shall  be  charged  or  received  by  him  or  by  the 
city  for  the  inspection  or  testing  of  weights,  measures  or  weighing 
or  measuring  devices.  He  shall  perform  in  his  city  the  duties  of 
and  have  like  powers  as  a  county  sealer  in  a  county.  This  section 
shall  not  apply  to  the  city  of  New  York. 

sec.  is,  as  amended     Whenever  the  sealer  of  a  city  or  county  compares  weights  and 

by  Laws,  1910  _  *  J 

ureseo8heSsea?e<i meas" measures  a       finds  that  they  correspond  or  causes  them  to  cor- 
respond with  the  standards  in  his  possession,  he  shall  seal  and  mark 
such  weights  and  measures  with  the  appropriate  devices. 
dgoo)  All  wheat  flour,  rye  flour,  Indian  meal  or  buckwheat  meal  manu- 

ar£0?3  I^WS'  ch'  20>  factured  in  this  state  for  exportation  shall  be  packed  in  good  strong 


New  York  323 

casks  made  of  seasoned  oak  or  other  sufficient  timber,  and  hooped    How2packed 
with  at  least  ten  hoops,  three  of  which  shall  be  on  each  chime, 
and  properly  nailed. 

The  casks  shall  be  of  two  sizes  only.  One  size  shall  contain  f^^^g 
one  hundred  and  ninety-six  pounds  of  flour  or  meal,  with  staves 
twenty-seven  inches  long  and  each  head  sixteen  and  one  half 
inches  in  diameter;  and  the  other  size  shall  contain  ninety-eight 
pounds,  with  staves  twenty-two  inches  long  and  each  head  four- 
teen inches  in  diameter,  or  with  staves  twenty-seven  inches  long 
and  each  head  not  more  than  twelve  inches  in  diameter.  But 
Indian  meal  may  likewise  be  packed  in  hogsheads  which  shall  con- 
tain eight  hundred  pounds. 

The  casks  shall  be  made  as  nearly  straight  as  may  be,  and  their   f^V^sts  shaii  be 
tare  shall  be  marked  on  the  head  with  a  marking  iron;  they  shall  marked  and  branded 
be  branded  with  the  weight  of  the  flour  and  meal  contained 
therein,  and  branded  or  painted  with  the  initial  letter  of  the 
Christian  name  and  the  surname  at  full  length  of  the  manufac- 
turer thereof;  except  hogsheads  of  Indian  meal,  on  which  the 
weight  only  shall  be  branded. 

Every  such  cask  of  wheat  flour  shall  also  be  branded  as  follows :    casks  of  wheat  flour, 
If  of  a  very  superior  quality,  "extra  superfine";  if  of  a  quality  now  branded 
now  branded  "  superfine,"  with  the  word  "  superfine  " ;  if  of  a  third 
quality,  "fine";  if  of  a  fourth  quality,  "fine  middlings";  if  of  a 
fifth  quality,  "middlings";  if  of  a  sixth  quality,  "ship  stuffs." 

Each  cask  of  rye  flour  intended  for  the  first  quality  shall  be   casks4of  rye  flour, 
branded  with  the  words  "superfine  rye  flour,"  and  each  cask how branded 
intended  for  the  second  quality,  with  the  words  "fine  rye  flour." 

Each  cask  of  Indian  meal  shall  be  branded  with  the  words   casks  sof  meai,  how 
"Indian  meal";  and  each  cask  of  buckwheat  meal,   with  thebranded 
letter  and  the  word  "  B  meal." 

A  person  shall  not  knowingly  offer  for  sale  any  cask  of  flour  or   §?cv?£l, 

«  1   •    1        1  .  ,  1       ,  .......  .  Prohibition     against 

meal  upon  which  the  tare  is  undermarked,  or  in  which  there  is  a  wrong  marking 
less  quantity  of  meal  than  is  branded  thereupon.  A  manufacturer 
of  flour  or  meal  shall  not  undermafk  the  tare  of  any  cask,  or  put 
therein  a  less  quantity  of  meal  than  is  branded  thereupon;  but 
if  the  light  weight  of  any  such  cask  has  been  occasioned  by  some 
accident  unknown  to  the  manufacturer,  and  which  happened 
after  the  packing  of  the  cask,  it  shall  not  be  deemed  a  violation  of 
this  section. 

A  person  violating  any  provision  of  this  section  shall  forfeit  to    Penalty 
the  people  of  the  state  the  sum  of  five  dollars  for  every  such 
violation. 

No  person  shall  alter  or  counterfeit  any  brand  marks,  whether   sec-  «7 

•  1  1,1  *   *  ,.     ,   .  .    «  Counterfeiting  marks 

state  or  private,  made  under  the  provisions  of  this  article,  or  put  prohibited 
any  flour  or  meal  in  any  empty  cask  previously  used  and  branded, 


324  Laws  Concerning  Weights  and  Measures 

and  offer  the  same  for  sale  in  such  cask  without  first  cutting  out 
the  brands. 

Penalty  A  person  violating  the  provisions  of  this  section  in  regard  to 

altering  or  counterfeiting  any  brand  marks  shall  forfeit  to  the 
people  of  the  state  the  sum  of  one  hundred  dollars  for  each  such 
violation,  and  a  person  violating  any  other  provision  of  this  sec- 
tion shall  forfeit  to  the  people  of  the  state  the  sum  of  five  dollars 
for  each  such  violation. 

prohibition  against       ^°  Person  shall  knowingly  offer  for  sale  as  good  wheat  flour,  any 
the  sale  of  mixed  flour  flour  which  contains  a  mixture  of  Indian  meal,  or  any  other  mix- 
tures, or  any  unsound  flour.     A  person  violating  this  section  shall 
forfeit  to  the  people  of  the  state  the  sum  of  five  dollars  for  each 
such  violation. 

Prohibition    against     No  person  having  charge  of  any  vessel  shall  transport,  into  the 

Sanmeaum^eck0'111"0^  °^  New  York,  any  Indian  meal  upon  the  deck  of  any  vessel. 

Penalty  Every  person  violating  this  section  shall  forfeit  to  the  people  of 

the  state  twenty  cents  for  every  barrel  and  eighty  cents  for  every 

hogshead  transported  in  violation  of  this  section. 

con  j^wf  ch  20      All  barrels  in  which  any  pork  or  beef  is  repacked,  shall  be  of 

ars'e£*2  o  g°°d,  seasoned  white  oak  or  white  ash  staves  and  heading,  free 

Beef  and  pork         from  every  defect;  and  each  barrel  shall  contain  two  hundred 

Barrels  and  tierces,  1         r  1         r  i 

how  made  pounds  of  beef  or  pork. 

The  barrel  shall  measure  seventeen  and  one-half  inches  between 
the  chimes,  and  be  twenty -eight  inches  long,  and  hooped  with 
twelve  good,  hickory,  white  oak  or  other  substantial  hoops.  If 
made  of  ash  staves,  it  shall  be  hooped  with  at  least  fourteen  hoops. 
The  staves  and  heads  shall  be  of  good  thick  stuff,  the  heads  not 
less  than  three-quarters  of  an  inch  thick;  and  each  stave,  on  each 
edge,  at  the  bilge,  shall  not  be  less  than  one-half  an  inch  thick, 
when  finished.  The  hoops  shall  be  well  set  and  driven,  and  the 
barrels  branded  on  the  bilge  with  at  least  the  initial  letters  of  the 
cooper's  name.  The  half  barrel  shall  contain  not  less  than  fifteen, 
nor  more  than  sixteen  gallons,  and  be  made  in  proportion  to  and 
of  like  materials  as  a  whole  barrel,  and  shall  contain  one-half  of 
the  quantity  of  beef  or  pork  of  the  whole  barrel. 

The  tierce  shall  be  made  in  proportion  to  and  of  like  materials 

as  a  barrel,  and  shall  contain  three  hundred  pounds  of  beef  or  pork. 

l^rVels1  in  Suffolk,     All  beef  and  pork  which  is  repacked  in  and  exported  from  the 

Nasfau  couS  an*  counties  of  Suffolk,  Kings,  Queens  and  Nassau,  may  be  packed  in 
barrels  as  nearly  straight  as  may  be,  made  of  good,  seasoned  red 
oak  staves  and  heading  of  the  growth  of  such  counties  respec- 
tively, free  from  sap  and  every  defect  and  made  otherwise  as 
above  directed. 

Quaii&es  of  pork          Every  barrel  of  pork  shall  be  branded  on  one  of  its  heads  by  its 
name,  and  contain  either  "mess  pork,"  "prime  pork '^ or  "cargo 


New  York  325 

pork."  "  Mess  pork  "  consists  of  the  sides  of  good,  fat  hogs,  exclu- 
sive of  all  other  pieces.  "  Prime  pork"  is  pork  of  which  there  is 
in  a  barrel  not  more  than  three  shoulders,  the  legs  being  cut  off  at 
the  knee  joint,  not  more  than  twenty-four  pounds  of  heads  which 
have  the  ears  and  snouts  cut  off,  the  snouts  cut  off  to  the  opening 
of  the  jaws,  and  the  brains  and  bloody  grizzle  taken  out  of  the 
heads;  and  the  rest  made  up  of  side  pieces,  neck  and  tail  pieces. 
"Cargo  pork"  is  pork  of  which  there  is  not  in  a  barrel  more  than 
thirty  pounds  of  head  and  four  shoulders,  and  it  shall  be  otherwise 
merchantable  pork.  "Side  pork"  so  repacked,  shall  be  cut  from 
the  back  bone  to  the  belly,  in  pieces  about  five  inches  wide,  and 
which  in  weight  are  not  under  four  pounds ;  otherwise,  the  barrels 
containing  the  same  shall  not  be  branded  merchantable  pork. 

Every  person  putting  up  hops  for  sale  or  exportation  shall  mark   Con   ^w)  ch 
or  stamp  on  each  bale  or  other  package  containing  the  same,  in  a  ^-^ 
legible  manner,  the  initial  letter  of  his  Christian  name,  and  his   Beaciessoi  hops  to  be 
surname  at  full  length,  and  the  gross  weight  of  such  bale  or  pack- m 
age,  before  its  removal  from  the  place  where  the  hops  are  put  up. 

A  person  violating  this  section  shall  forfeit  to  the  people  of  the 
state  the  sum  of  five  dollars  for  each  such  violation.  Penalty 

No  person  shall  intermix  with  any  hops  any  foreign  or  improper   sec  asi 

..    J  ,1      .  ,.  Adulteration  oi  hops 

substance,  or  in  any  manner  adulterate  their  quality.  prohibited;  counterfeit- 

No  person  shall  counterfeit  the  marks  on  any  bale  or  package tog  m 
of  hops,  or  empty  any  bale  or  package  of  hops  so  marked,  for  the 
purpose  of  putting  therein  other  hops  for  sale  or  exportation, 
without  first  erasing  such  marks. 

A  person  violating  any  provision  of  this  section  shall  forfeit  to 
the  people  of  the  state  the  sum  of  one  hundred  dollars  for  each    Penalty 
such  violation. 

A  bale  of  hops  sold  in  this  state  shall  not  weigh  less  than  one   i£n;£2rd  weight  of 
hundred  and  seventy-five  nor  more  than  two  hundred  and  ten  ^>reo*ales  and  tae 
pounds.     The  tare  to  be  deducted  is  five  pounds.     The  standard 
weight  of  sacking  for  baling  is  not  less  than  twenty -four  nor  more 
than  thirty  ounces  for  each  yard;  five  yards  thereof  is  the  maxi- 
mum quantity  to  be  used  for  each  bale,  and  any  excess  in  the 
weight  of  such  sacking  or  other  extraneous  matter  used  in  baling 
may  be  deducted  as  additional  tare. 

Every  person  who  puts  up  and  presses  any  bundle  of  hay  for   |eacle*S3of  ^y  to  ^ 
market  shall  mark  or  brand,  in  a  legible  manner,  the  initials  of™3***1 
his  name  or  the  initial  letter  of  his  Christian  name  and  his  sur- 
name at  full  length,  and  the  name  of  the  town  in  which  he  resides, 
on  some  board  or  wood  attached  to  such  bundle  of  hay.     Such 
hay  may  be  sold  with  or  without  deduction  for  tare,  and  by  the 
weight  as  marked,  or  any  other  standard  weight  as  agreed  be- 
tween seller  and  buyer. 


326  Laws  Concerning  Weights  and  Measures 

Penalty  ^  person  violating  this  section  shall  forfeit  to  the  people  of  the 

state  the  sum  of  five  dollars  for  each  such  violation. 

prohibition  against  No  person  shall  put  or  conceal  in  any  such  bundle  of  hay  any 
the  adulteration  of  hay  wet  Or  damaged  hay,  or  other  materials,  or  hay  of  any  inferior 
quality  to  that  which  plainly  appears  upon  the  outside  of  such 
bundle. 

Pena»y  A  person  violating  this  section  shall  forfeit  to  the  people  of  the 

state  the  sum  of  five  dollars  for  each  such  violation. 

weight  to  be  marked  The  gross  weight  shall  be  plainly  marked  on  each  bale  of  hay 
on kaie  Or  straw  sold  or  offered  for  sale  in  this  state;  and  no  baled  hay  or 

straw  shall  be  so  sold  or  offered  for  sale  which  weighs  less  than 
such  gross  weight  after  deducting  five  pounds  from  such  bale  for 
shrinkage.  And  no  baled  hay  or  straw  shall  be  so  sold  or  offered 
for  sale  with  more  than  twenty  pounds  of  wood  to  the  bale,  the 
weight  of  which  is  two  hundred  pounds  or  upward,  or  more  than 
ten  pounds  of  wood  for  bales  weighing  less  than  two  hundred 
pounds. 

Penal'y  A  person  violating  any  provision  of  this  section  shall  forfeit  to 

the  people  of  the  state  the  sum  of  five  dollars  for  each  such 
violation. 

ijaws,  1911,  ch.  825        Chapter  twenty-five  of  the  laws  of  nineteen  hundred  and  nine, 

Amendment  entitled  "An  act  relating  to  general  business,  constituting  chap- 

ter twenty  of  the  consolidated  laws,"  is  hereby  amended  by  in- 
serting therein  a  new  article  to  be  article  twenty-five-a,  to  read  as 
follows: 

con.iiws7loi.2,ch.  Coal,  coke  and  charcoal  shall  be  sold  by  weight  except  as  here- 
""secSsf  inafter  provided.  A  person,  firm  or  corporation  shall  not  attempt 

coai,  coke,  and  char- to  sell  or  deliver  less  than  two  thousand  pounds  by  weight  to  the 

coal  to  be  sold  by  weight  -  ,  •'..,.. 

ton  of  coal,  coke  or  charcoal,  or  a  proper  proportion  thereof  in 
quantities  less  than  a  ton,  and  such  coal,  coke  or  charcoal  shall 
be  duly  weighed  on  scales  that  have  been  tested  and  sealed  by 
the  official  charged  with  such  testing;  provided,  however,  that  in 
all  cases  thirty  pounds  to  the  ton  shall  be  allowed  for  the  varia- 
tion in  scales  and  wastage. 

Delivery  tickets  ^°  Person>  firm  or  corporation  delivering  coal,  coke  or  charcoal 

shall  deliver  or  cause  to  be  delivered  any  quantity  or  quantities  of 
coal,  coke  or  charcoal,  without  each  such  delivery  being  accompa- 
nied by  a  delivery  ticket,  and  a  duplicate  thereof,  on  each  of  which 
shall  be  in  ink,  or  other  indelible  substance,  distinctly  expressed 
in  pounds  the  quantity  or  quantities  of  coal,  coke  or  charcoal  con- 
tained in  the  cart  or  wagon  or  other  vehicle  used  in  such  delivery, 
with  the  name  of  the  purchaser  thereof  and  the  name  of  the  dealer 
from  whom  purchased.  One  of  such  tickets  shall  be  delivered  to 
the  purchaser  specified  thereon,  and  the  other  of  such  tickets  shall 
be  retained  by  the  seller. 


New  York  327 

The  preceding  section  shall  not  apply  to  coal  delivered  by  the  |?ro-v^  as  to  delivery 
entire  cargo  direct  from  the  vessel  containing  the  same  to  one  $^re  cargo  or  carload 
destination  and  accepted  by  the  purchaser  on  the  original  bill  of 
lading  as  proof  of  weight,  or  from  a  full  car  loaded  with  coal;  but 
with  every  such  delivery  of  an  entire  cargo  or  carload  of  coal  there 
shall  be  delivered  to  the  purchaser  thereof  by  the  consignor,  one 
of  the  original  bills  of  lading  or  shipping  notices  issued  to  or  by 
the  person,  firm  or  corporation  by  whom  the  coal  was  loaded  into 
the  vessel  or  car  from  which  such  coal  is  delivered  to  the  purchaser 
of  the  entire  cargo  or  carload  thereof,  on  each  of  which  bills  of 
lading  there  shall  be  in  ink  or  other  indelible  substance  distinctly 
expressed  the  date  and  place  of  loading  such  cargo  or  car  and 
the  number  of  pounds  contained  therein. 

Baskets  or  bags  used  for  the  delivery  of  coal,  coke  or  charcoal,  fj^as  markings  0, 
shall  be  of  such  capacity  as  to  hold  stricken  full  approximately  one  ba«s  an<*  baskets 
hundred  pounds  of  anthracite  coal ;  but  baskets  or  bags  of  other  sizes 
used  for  delivery  may  be  used  if  the  amount  of  anthracite  coal  they 
will  contain  stricken  full  is  indelibly  marked  on  the  outside  thereof 
in  solid  roman  capital  letters  at  least  three  inches  in  height.  When 
the  coal,  coke  or  charcoal  is  sold  in  quantities  less  than  one  hun- 
dred pounds  in  baskets  or  bags  or  pails,  the  provisions  of  section 
three  hundred  and  eighty-four  shall  not  apply,  but  such  baskets, 
bags  or  pails  shall  have  the  weight  of  the  contents  plainly  marked 
on  the  outside  side  thereof  in  solid  roman  capital  letters  at  least  one 
inch  in  height;  but  charcoal  or  coke  in  quantities  less  than  one 
hundred  pounds  may  be  sold  by  standard  dry  measure,  and  in 
such  cases  the  bag,  basket  or  pail  shall  have  plainly  marked  on  the 
outside  side  thereof  the  capacity  in  terms  of  standard  dry  measure 
in  solid  roman  capital  letters  at  least  one  inch  in  height. 

A  weights  and  measures  official  of  the  state,  of  the  city  or  of  the   sec.  387 
county  who  finds  any  quantity  of  coke,  coal  or  charcoal  ready  f or  charcMi^may^be6' re- 
delivery,  may  in  his  discretion  direct  the  person  in  charge  of  theweighe< 
goods  to  convey  the  same  without  delay  to  scales  designated  by 
such  official,  who  shall  there  determine  the  quantity  of  the  goods 
and  shall  determine  their  weight  with  the  weight  of  the  vehicle  in 
which  they  are  carried  and  shall  direct  said  person  to  return  to 
such  scales  forthwith  upon  unloading  the  goods,  and  upon  such 
return  the  official  shall  reweigh  the  vehicle  in  a  manner  similar  to 
that  in  which  it  was  weighed  with  the  goods.     The  scale  designated 
by  the  official  as  aforesaid  may  be  any  scale  which  has  been  duly 
tested  and  sealed  and  shall  be  such  scales  as  are  in  his  judgment  the 
most  convenient  of  those  available. 

No  seller  of  coal,  coke  or  charcoal  shall  refuse  to  permit  a  weights  1^^,,  not  refuse 
and  measures  official  to  weigh  the  coal,  coke  or  charcoal  purchased  to  aiiow  coai,  coke,  or 
from  him  to  be  reweighed  at  the  request  of  the  purchaser  or  at  the  weighed 


328  Laws  Concerning  Weights  and  Measures 

request  of  the  weights  and  measures  official.  No  driver  or  any 
other  person  in  charge  of  the  vehicle  containing  coal,  coke  or  char- 
coal or  from  which  coal,  coke  or  charcoal  has  been  delivered  shall 
refuse  to  take  the  same  at  the  request  of  the  purchaser  or  of  the 
weights  and  measures  official  to  scales  as  aforesaid  for  the  purpose 
of  having  the  same  weighed,  but  when  there  is  a  charge  for  weigh- 
ing such  charge  shall  be  paid  by  the  one  making  the  request. 

Pena3tt2»  A  violator  of  any  of  the  preceding  sections  shall  be  guilty  of  a 

misdemeanor  and  shall  upon  conviction  be  liable  to  a  fine  of  not 
over  fifty  dollars  for  the  first  offense  and  not  over  one  hundred 
dollars  or  two  months'  imprisonment,  or  both,  for  the  second  and 
each  subsequent  offense. 

Application  ei  article      This  article  shall  not  apply  to  the  city  of  New  York. 

i<aws,  1911,  eh.  8aS        Sections  one  hundred  and  fifty  to  one  hundred  and  sixty,  both 

Repeal  inclusive,  of  chapter  twenty-six  of  the  laws  of  nineteen  hundred 

and  nine,  entitled  "An  act  in  relation  to  cities,  constituting  chapter 
twenty-one  of  the  consolidated  laws,"  are  hereby  repealed. 

ETeflect  This  act  shall  take  effect  September  first,  nineteen  hundred  and 

eleven. 
(1909)  NO  packer  of  or  dealer  in  hermetically  sealed,  canned  or  pre- 

Con.    Laws,    ch.    ao,  1    r       •  ,  ,  ,  ••«•** 

art.^6  served  fruits,  vegetables  or  other  articles  of  food  within  this  state, 

Marling  t  a  n  n  e  d  excepting  canned  or  condensed  milk  or  cream,  shall  sell  or  offer 
the  same  for  sale  for  consumption  within  this  state,  unless  the  cans 
or  jars  containing  the  same  shall  have  plainly  printed  upon  a  label 
thereupon,  with  a  mark  or  term  clearly  indicating  the  grade  or 
quality  of  the  articles  contained  therein,  the  name,  address  and 
place  of  business  of  the  person  or  corporation  canning  or  packing 
them,  or  the  name  of  the  wholesale  dealer  in  the  state  selling  or 
offering  the  same  for  sale,  and  the  name  of  the  state,  county 
and  city,  town  or  village  where  packed,  preceded  by  the  words 
"packed  at." 

If  containing  soaked  goods  or  goods  put  up  from  products  dried 
or  cured  before  canning,  there  shall  also  be  printed  upon  the  face 
of  such  label  in  good  legible  type,  one-half  of  an  inch  in  height  and 
three-eighths  of  an  inch  in  width,  the  word  "  soaked." 

Goods  imported  from  foreign  countries  of  foreign  manufacture 
shall  not  be  subject  to  the  provisions  of  this  section. 

penalty  Any  person  violating  any  of  the  provisions  of  this  section  shall 

forfeit  to  the  city,  village,  or  town  where  the  violation  occurs,  the 
sum  of  fifty  dollars,  if  a  retail  dealer,  and  the  sum  of  five  hundred 
dollars,  if  a  wholesale  dealer  or  packer. 

byslcawf  ^amended     Any  Person  m  this  state  who  sells  or  offers  for  sale  fruit  packages 
inf^an^its^fbasl1-11311:  are  of  less  thatl  the  standard  sizes  and  capacity  as  defined  in 
kets  or  selling  fruit  section  five,  or  any  person  who  sells  or  offers  for  sale  fruit  in  pack- 
ages that  are  of  less  size  or  capacity  than  those  defined  in  section 


New  York 


329 


Penalty 


Sec.  393 
Marking  ginseng 


five,  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  in  any  court  of  competent  jurisdiction  shall  be  fined  not 
less  than  five  dollars  and  not  more  than  twenty-five  dollars,  for 
each  violation  and  each  sale  shall  constitute  a  separate  violation, 
but  a  variation  of  not  more  than  seven  per  centum  shall  not  be 
deemed  a  violation  under  this  section. 

A  person,  firm  or  association  who  purchases  fruit  or  farm  prod-    gee  392 

•      *  i       i  ,  , .  Repacking  fruit  and 

uce  in  barrels,  boxes  or  other  packages,  and  empties,  or  causes  to  farm  produce 
be  emptied,  such  barrels,  boxes  or  other  packages,  and  repacks,  or 
causes  to  be  repacked  therein  the  same  or  other  fruit  or  farm  prod- 
uce, shall,  before  any  such  repacked  barrel,  box  or  other  package 
is  sold,  or  offered  or  exposed  for  sale,  erase  or  otherwise  obliterate 
the  name  of  the  grower  or  producer,  if  found  thereon.  Every  such 
person,  firm  or  association  selling,  or  offering  or  exposing  for  sale 
fruit  or  farm  produce  which  has  been  emptied  from  and  repacked 
in  the  barrels,  boxes  or  other  packages  in  which  they  were  pur- 
chased, without  erasing  or  otherwise  obliterating  the  name  of  the 
grower  or  producer  of  such  fruit  or  farm  produce,  if  found  thereon, 
as  above  provided,  shall  be  subjected  to  a  penalty  of  fifty  dollars 
for  each  barrel,  box  or  other  package  of  fruit  or  farm  produce  so 
sold,  offered  or  exposed  for  sale. 

No  person  shall  sell,  offer  or  expose  for  sale  in  this  state,  any 
ginseng  roots  or  seeds  foreign  to  the  United  States,  or  ginseng  roots 
or  seeds  raised  from  stock  imported  from  any  country  outside  the 
United  States,  except  in  packages  to  which  shall  be  securely  affixed 
a  label,  stating  in  plain  English  language,  the  name  of  such  for- 
eign country  in  which  the  roots  or  seeds  were  originally  grown. 

Every  person  or  firm  engaged  in  the  manufacture  of  sewing, 
darning,  crochet,  or  embroidery  thread  of  cotton,  linen  or  silk,  or 
in  putting  up  such  thread  on  spools  or  in  balls,  skeins,  tubes,  bob- 
bins, cones  or  other  packages,  shall  before  the  same  is  offered  for 
sale,  affix  to  or  impress  upon  each  spool,  ball,  skein,  tube,  bobbin, 
cone  or  other  package  of  thread  so  manufactured  or  put  up,  a  label 
or  stamp  designating  its  weight  in  pounds  and  ounces  or  length  in 
yards ;  provided,  that  where  from  the  shape  or  size  of  the  package 
it  is  impossible  so  to  affix  such  label  or  stamp,  the  same  shall  be 
affixed  to  the  box  in  which  such  packages  are  put  up.  If  any  such 
person  or  firm  shall  neglect  to  affix  to,  or  impress  upon,  any  such 
spool,  ball,  skein,  tube,  bobbin,  cone,  package  or  box  such  label  or 
stamp,  or  shall,  with  intent  to  deceive,  affix  to  or  impress  upon  any 
such  spool,  ball,  skein,  tube,  bobbin,  cone,  package  or  box  a  label 
or  stamp  specifying  that  it  contains  a  number  of  yards  or  a  quan- 
tity of  thread  greater  by  five  per  centum  or  more  than  it  does  in 
fact  contain,  then  such  person  or  firm  shall  forefeit  the  sum  of 
twenty  dollars  for  each  spool,  ball,  skein,  tube,  bobbin,  cone,  pack- 


see.  394 

Marking  thread 


33O  Laws  Concerning  Weights  and  Measures 

age  or  box,  which,  without  such  label  or  stamp,  or  falsely  so  labeled 
or  stamped,  shall  be  sold,  or  be  delivered  to  any  person  to  be  sold, 
said  sum  of  twenty  dollars  for  each  violation  of  this  section  to  be 
recovered  in  an  action  by  any  person  or  firm  who  will  sue  for  the 
same,  one-half  whereof  shall  be  paid  to  the  state  treasurer. 

Penalty  Any  person  or  firm  knowingly  selling  any  sewing,  darning, 

crochet  or  embroidery  thread  of  cotton,  linen  or  silk  either  without 
a  label  or  stamp  specifying  the  quantity  or  length  thereof,  or  with 
a  label  and  stamp  falsely  stating  such  quantity  or  length,  shall 
forfeit  the  sum  of  twenty  dollars  for  each  spool,  ball,  skein,  tube, 
bobbin,  cone,  package  or  box  so  sold  without  label  or  incorrectly 
labeled,  said  sum  of  twenty  dollars  for  each  violation  of  this  section 
to  be  recovered  in  an  action  by  any  person  or  firm  who  will  sue  for 
the  same,  one-half  whereof  shall  be  paid  to  the  state  treasurer. 

Marking  oyster  kegs  Hvcry  person  engaged  in  putting  up  oysters  for  sale  in  kegs  or 
and  cans  cans,  or  offering  them  for  sale  in  kegs  or  cans,  not  previously 

marked  or  branded,  shall  mark  or  brand  such  kegs  or  cans  with  the 
true  quantity  of  oysters  in  pints,  quarts  or  gallons,  which  they  may 
respectively  hold,  and  not  more  than  one-quarter  of  such  quantity 
shall  be  liquid. 

Penalty  Every  person  violating  any  provision  of  this  section  shall  forfeit 

to  the  city,  village  or  town  where  the  violation  occurs,  the  sum  of 
one  hundred  dollars  for  every  such  violation. 

con  Laws}  voi  2  -^-  person  guilty  of  altering  with  intent  to  defraud,  any  original 
P.  1273,  ch.  21,  General  bill  of  lading  issued  by  the  person,  firm  or  corporation  by  whom 

s£c.  i"s  the  coal  was  loaded  into  the  vessel  in  which  such  coal  is  transported 

Bills  of  lading;  pen-  ,  . ,          r     .,        ~  j      1  •       -1   •  <• 

aity  for  altering  to  any  city  of  the  first  or  second  class,  in  this  state,  or  of  uttering 
any  such  bill  of  lading  so  altered,  or  who  is  guilty  of  making,  pre- 
paring or  subscribing  or  uttering  a  false  or  fraudulent  manifest, 
invoice  or  bill  of  lading  thereof,  or  removing  any  part  of  such  cargo 
of  coal  without  having  the  amount  thereof  certified  to  in  writing 
on  such  original  bill  of  lading,  by  the  person,  firm  or  corporation 
receiving  the  coal  so  removed,  and  by  the  captain  of  the  vessel 
Penalty  containing  such  cargo,  is  punishable  by  imprisonment  in  a  state 

prison,  not  exceeding  three  years,  or  by  a  fine  not  exceeding  one 
thousand  dollars,  or  both,  and  the  delivery  of  any  fraudulent  bill 
of  lading  to  any  purchaser  of  coal  shall  be  presumptive  evidence 
of  uttering  the  same  with  criminal  intent. 

con.  LnnfloL  s,  P.      The  sealer  of  weights  and  measures  shall,  within  the  city,  have 
its  La^cT^s^art.^" tne  Powers  and  perform  the  duties  of  sealers  of  weights  and  meas- 
leaier'of  weights  and  ures  °^  towns  under  the  general  laws  of  the  state.     He  shall  super- 
measures  vise  the  weighing  of  coal  and  perform  such  other  duties  as  may  be 
prescribed  by  law  or  ordinance  of  the  common  council.     He  shall 
receive  a  salary,  to  be  fixed  by  the  board  of  estimate  and  appor- 
tionment, and  no  fees  shall  be  charged  or  collected  by  him  or  by 
the  city  for  his  services. 


New  York  331 


No  surveyor  shall  give  evidence  in  any  cause  depending  in  any 
of  the  courts  of  this  state,  or  before  arbitrators,  respecting  the  sur-  by**™>  ^.  <*.  6S 

-/,..,,  ,  '  ..     Testimony  of  surveyor 

vey  or  measurement  of  lands  which  he  may  have  made,  unless  if  ana  proof  of  standard  of 

required,  either  such  surveyor  shall  make  oath,  or  it  shall  other-  m' 

wise  be  shown  that  the  chain  or  measure  used  by  him  was  con- 

formable to  the  standards  of  the  state  which  were  the  standards  of 

state  at  the  time  such  survey  was  made.     An  official  certificate  of 

any  state,  county,  city,  village  or  town  sealer  elected  or  appointed 

pursuant  to  the  laws  of  this  state,  or  the  oath  of  such  surveyor, 

that  such  chain  or  measure  conformed  to  the  state  standard  which 

shall  have  been  furnished  any  such  sealer  pursuant  to  the  provi- 

sions of  the  laws  of  this  state,  shall  be  prima  facie  evidence  of  such 

conformity,  and  an  official  certificate  made  by  any  such  sealer 

that  the  implement  used  in  measuring  such  chain  or  other  measure 

was  the  one  provided  under  such  laws  for  such  purposes,  shall  be 

prima  facie  evidence  of  that  fact. 

The  expression  "  article  of  merchandise,"  as  used  in  this  article,  Con  ^ws^voi  4(P 
signifies  any  goods,  wares,  work  of  art,  commodity,  compound,  2531,  Penai  Law.  ch.'4o. 
mixture  or  other  preparation  or  thing  which  may  be  lawfully  kept  s'ec°42o 

~          .,    -  j  j          c        Article  of  merchan- 

or  offered  for  sale.  disc  denned 

Any  person,  firm,  corporation  or  association,  or  any  employee  untrue1  and  mislead- 
thereof,  who,  in  a  newspaper,  circular  or  other  publication  pub-  mg  advertlsements 
lished  in  this  state,  knowingly  makes  or  disseminates  any  state- 
ment or  assertion  of  fact  concerning  the  quantity,  the  quality,  the 
value,  the  method  of  production  or  manufacture,  or  the  reason  for 
the  price  of  his  or  their  merchandise,  or  the  manner  or  source  of 
purchase  of  such  merchandise,  or  the  possession  of  rewards,  prizes 
or  distinctions  conferred  on  account  of  such  merchandise  or  the 
motive  or  purpose  of  a  sale,  intended  to  give  the  appearance  of  an 
offer  advantageous  to  the  purchaser  which  is  untrue  or  calculated 
to  mislead,  shall  be  guilty  of  a  misdemeanor. 

Any  person,  firm,  corporation  or  association  or  any  employee   Pena"y 
thereof  who  violates  any  provision  of  this  section  shall  be  liable  to 
a  fine  of  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars  for  each  offense. 

A  person  who,  with  intent  to  defraud,  while  putting  up  in  a    concealing  foreign 
barrel,  bag,  bale,  box,  or  other  package,  cotton,  hops,  hay,  or  any  matter  in  merchandise 
other  article  of  merchandise  whatever,  usually  sold  by  weight  in 
such  packages,  places  or  conceals  therein  any  other  substance  or 
thing  whatever,  in  a  case  where  special  provision  for  the  punish- 
ment thereof  is  not  otherwise  made  by  statute,  is  guilty  of  a 
misdemeanor. 

A  person,  who,  with  intent  to  defraud:  i.  Puts  upon  an  article 
of  merchandise,  or  upon  a  cask,  bottle,  stopper,  vessel,  case,  cover, 
wrapper,  package,  band,  ticket,  label,  or  other  thing,  containing 


332  Laws  Concerning  Weights  and  Measures 

or  covering  such  an  article,  or  with  which  such  an  article  is 
intended  to  be  sold,  or  is  sold,  any  false  description  or  other  indi- 
cation of  or  respecting  the  kind,  number,  quantity,  weight  or 
measure  of  such  article,  or  any  part  thereof,  or  the  place  or  coun- 
try where  it  was  manufactured  or  produced  or  the  quality  or 
grade  of  any  such  article,  if  the  quality  or  grade  thereof  is  required 
by  law  to  be  marked,  branded  or  otherwise  indicated  on  or  with 
such  article;  or, 

2.  Sells  or  offers  for  sale  an  article,  which  to  his  knowledge  is 
falsely  described  or  indicated  upon  any  such  package,  or  vessel 
containing  the  same,  or  labeled  thereupon,  in  any  of  the  particulars 
specified;  or, 

3.  Sells  or  exposes  for  sale  any  goods  in  bulk  to  which  no  name 
or  trade-mark  shall  be  attached,  and  orally  or  otherwise  represents 
that  such  goods  are  the  manufacture  or  production  of  some  other 
than  the  actual  manufacturer  or  producer,  in  a  case  where  the 
punishment  for  such  offense  is  not  specially  provided  for  otherwise 
by  statute, 

Is  guilty  of  a  misdemeanor. 

ustaglaise  marks  as  A  person,  who,  with  intent  to  defraud  or  to  enable  another  to 
to  manufacture  defraud  any  person,  manufactures  or  knowingly  sells  or  causes  to 
be  manufactured  or  sold,  any  article,  marked,  stamped  or  branded 
or  incased  or  inclosed  in  any  box,  bottle  or  wrapper,  having  there- 
upon any  engraving  or  printed  label,  stamp,  imprint,  mark  or 
trade-mark  which  article  is  not  the  manufacture,  workmanship  or 
production  of  the  person  named,  indicated  or  denoted  by  such 
marking,  stamping  or  branding,  or  by  or  upon  such  engraving, 
printed  label,  stamp,  imprint,  mark  or  trade-mark,  is  guilty  of  a 
misdemeanor. 

penalty  for  selling     A  person  who  sells,  offers  for  sale  or  manufactures  with  intent 
hau  wine  not  labeled    to  sell,  any  wine  known  as  "half  wine,"  which  is  not  stamped, 
marked  or  labeled  as  required  by  law,  is  guilty  of  a  misdemeanor, 
con.  Laws,}  ch.  4o,     A  weighmaster  upon  any  of  the  canals  belonging  to  this  state, 
ars'ec?46i  and  a  clerk  of  such  weighmaster,  who  makes  a  false  entry  of  the 

ta2eSS^3ffi18we^Sht  of  any  boat,  or  cargo  of  any  boat,  navigating  such  canal, 
canai  boat  Or  who  makes  a  false  certificate  of  the  light  weight  of  any  boat, 

knowing  such  entry  or  certificate  to  be  false,  is  guilty  of  a  misde- 
meanor. 

con.  te!  ch.  4o.     Where  potatoes,  grains  or  other  agricultural  products  are  sold 
arsec!624io  by  tne  bushel,  without  agreement  as  to  the  weight,  any  person 

JFESfitfffK1^™1^  a  greater  number  of  pounds  for  a  bushel  than  as  pre- 
bushel  scribed  by  section  eight  of  the  general  business  law  is  guilty  of  a 

misdemeanor. 

uscing4Ifaise  weights     A  person  who  injures  or  defrauds  another  by  using,  with  knowl- 
edge that  the  same  is  false,  a  false  weight,  measure,  or  other  appa- 


New  York  333 

ratus,  for  determining  the  quantity  of  any  commodity,  or  article 
of  merchandise,  or  by  knowingly  delivering  less  than  the  quantity 
he  represents,  is  guilty  of  a  misdemeanor. 

A  person  who  retains  in  his  possession  any  weight  or  measure,    leeplngW  weights 
knowing  it  to  be  false,  unless  it  appears  beyond  a  reasonable  doubt  and  measures 
that  it  was  so  retained  without  intent  to  use  it,  or  permit  it  to  be 
used  in  violation  of  the  last  section,  is  guilty  of  a  misdemeanor. 

A  person  who  is  authorized  or  enjoined  by  law  to  arrest  another   sec.  24i3  . 

f  •    i    ±'  fA.ii  x-  11  AI_       •       J      False    weights    and 

person  for  a  violation  of  the  last  two  sections,  is  equally  authorized  measures  authorized  to 

and  enjoined  to  seize  any  false  weights  or  measures  found  in  the 

possession  of  the  person  so  arrested,  and  to  deliver  the  same  to  the 

magistrate  before  whom  the  person  so  arrested  is  required  to  be 

taken. 

The  magistrate  to  whom  any  weight  or  measure  is  delivered   %%$£  ^  meas. 
pursuant  to  the  last  section,  must,  upon  the  examination  of  the  ««*  may  be  tested  by 

.,  .rl  •       !•          •      j    i  A    j          -it.        4.  committing   magistrate 

defendant,  or  if  the  examination  is  delayed  or  prevented,  without  and  destroyed  or  deiiv- 

a  waiting  such  examination,  cause  the  same  to  be  tested  by  com-  er 

parison  with  standards  conformable  to  law  ;  and  if  he  finds  it  to  be 

false,  he  must  cause  it  to  be  destroyed,  or  to  be  delivered  to  the 

district  attorney  of  the  county  in  which  the  defendant  is  liable  to 

indictment  or  trial,  as  the  interests  of  justice  in  his  judgment 

require. 

The  possession  or  use  by  any  person  of  any  false  weight,  meas-  b  swf  43,^3  enacted 
ure  or  other  apparatus  for  determining  the  quantity  of  any  com-  ' 

modity  or  article  of  merchandise  is  presumptive  evidence  of 
knowledge  by  such  person  of  the  falsity  of  such  weight,  measure 
or  other  apparatus. 


Upon  the  conviction  of  the  defendant,  the  district  attorney   sec. 


24iS 


.    t  .  ,  r     ,         ,    r  False    weights    and 

must  cause  any  weight  or  measure  in  respect  whereof  the  defend-  measures  to  be  de- 
ant  stands  convicted,  and  which  remains  in  the  possession  or  under  oirofiendaefrer 
the  control  of  the  district  attorney,  to  be  destroyed. 

A  person  who  knowingly  marks  or  stamps  false  or  short  weights,    sec.  24.i6 

9  J  i  •       i  11  rr  Stamping      false 

or  false  tare  on  any  cask  or  package,  or  knowingly  sells  or  oners  weight  or  tare  on  casks 
for  sale  any  cask  or  package  so  marked,  is  guilty  of  a  misdemeanor.  orpackage3 
A  person  who: 

1.  Sells  or  offers  for  sale  baled  hay  or  straw  containing  more   see.  2417 

than  twenty  pounds  of  wood  to  the  bale,  the  weight  of  which  is  of  baled  hay  andrst«w 
two  hundred  pounds  or  upward,  or  more  than  ten  pounds  of  wood 
to  the  bale  the  weight  of  which  is  less  than  two  hundred  pounds  ; 
or, 

2.  Sells  or  offers  for  sale  any  bale  of  hay  or  straw  upon  which 
the  correct  gross  weight  is  not  plainly  marked  or  which  weighs 
more  than  five  pounds  less  than  the  gross  weight  so  marked 
thereupon, 

Is  guilty  of  a  misdemeanor 


334  Laws  Concerning  Weights  and  Measures 


cu?t°unrai  La^art.^'"     No  person,  firm,  association  or  corporation  shall  sell,  or  offer 

sec.  220  or  expose  for  sale  any  commercial  fertilizers  or  any  material  to 

be  used  as  a  fertilizer,  the  selling  price  of  which  exceeds  five 

tafhedmtontpadkagee  aoi  dollars  per  ton,  unless  such  fertilizer  or  material  shall  be  accom- 

fertmzers.  panied  by  or  shall  have  affixed  to  each  and  every  package  in  a 

conspicuous  place  on  the  outside  thereof,  a  plainly  printed  state- 

ment which  shall  certify  as  follows: 

i  .  The  number  of  net  pounds  of  fertilizer  in  the  package  sold  or 
offered  for  sale. 

2.  The  name,  brand  or  trade  mark  under  which  the  fertilizer  is 
sold. 
cons.  Laws  —  Agri-     Xhe  term  "barrel"  when  used  in  transactions  of  purchase  or 

cultural  Law,  art  n  •          •  •  1      n  • 

sec.  263  sale  of  apples,  pears  or  quinces  shall  represent  a  quantity  equal 

Barrels;   apples,  to  one  hundred  quarts  of  grain  or  dry  measure,  and  such  barrels 

pears,  and  quinces.         ,      ,,  <•      i         r    «<         •  i-  •  1          <i- 

shall  be  of  the  following  dimensions:  head  diameter,  seventeen 
and  one-eighth  inches;  length  of  stave,  twenty-eight  and  one-half 
inches;  bulge,  not  less  than  sixty-four  inches  outside  measure- 
ment. If  the  barrel  shall  be  made  straight,  or  without  a  bulge, 
it  shall  contain  the  same  number  of  cubic  inches  as  the  barrel 
above  described.  Any  person  or  persons  making,  manufacturing 
or  causing  to  be  made  or  manufactured  barrels  for  use  in  the 
purchase  or  sale  of  apples,  pears  or  quinces,  or  any  person  or 
persons  packing  apples,  pears  or  quinces  in  barrels  for  sale  or 
selling  apples,  pears  or  quinces  in  barrels  containing  a  less  quan- 
tity than  the  barrel  herein  specified  shall  brand  said  barrels  upon 
each  end  and  upon  the  outside,  conspicuously,  in  letters  one  and 
one-half  inches  in  length  with  the  words,  "short  barrel." 


NORTH  CAROLINA 


No  trader  or  other  person  shall  buy  or  sell,  or  otherwise  use  in  p.^27lsal>  I9°5>  ch-  77> 

ec.(3'5f37  • 


trading,  any  other  weights  and  measures  than  are  made  and  used   S('7  •  I866) 


according  to  the  standard  prescribed  by  the  congress  of  the 
United  States:  Provided,  that  this  chapter  shall  not  prevent  the 
citizens  of  the  state  from  buying  and  selling  grain  by  measure  as 
may  be  agreed  upon  between  the  parties. 

The  board  of  commissioners  of  each  county  shall,  at  the  charge 
of  their  county,  procure  standard  sealed  weights  of  half  hundred,  bj°d  boef  £™ntyecom- 
quarter  hundred,  ten  pounds,  five  pounds,  two  pounds  and  one  missioners—  Branded 
pound,    one-half   pound,    one-quarter   pound,    two    ounces,    one 
ounce,  one-half  ounce,  gauging  rod  and  waist  sticks;  yard  sticks, 
half  bushel,  peck,  half  peck,  quarter  peck,  and  one-eighth  peck; 
gallon,  half  gallon,  quart,  pint,  half  pint,  and  gill  measure,  of  the 
United  States  standard,  sealed  and  branded  "N.  C." 

The  measure  of  an  acre  of  land  shall  be  equal  to  a  rectangle  of  p^Jlsal>  I9°s>  **•  "• 
sixteen  poles  or  perches  in  length  and  ten  in  breadth,  and  shall  floes' 

•  *<*—•  1  t  c  Acre,  poie,  percn 

contain  one  hundred  and  sixty  square  perches  or  poles,  or  four   Land  measure 
thousand  eight  hundred  and  forty  square  yards;  six  hundred  and 
forty  such  acres  being  contained  in  a  square  mile. 

A  bushel  of  wheat  shall  be  60  pounds  ;  of  Indian  corn,  56  pounds  ;  (l8s6-r,  issi.  zsss.  1905, 
of  corn  meal,  48  pounds;  of  rye,  56  pounds;  of  barley,  48  pounds  ;bsec^6,  as  amended 
of  oats,  32  pounds;  of  flax  seed,  55  pounds;  of  clover  seed,  doJ.^T' 

•  m    '  f  1  £  1        •  j  r  i         i          How  many  pounds  to 

pounds;  of  pease,  60  pounds;  of  rough  rice,  44  pounds;  of  buck-abushei 
wheat,  50  pounds  ;  of  corn  in  ear,  70  pounds  ;  of  cotton,  Sea  Island, 
44  pounds;  of  soy  beans,  pease,  lupines,  lentils,  vetches,  lucerne, 
60  pounds;  of  Japan  clover  in  hulls,  25  pounds;  of  Burr  clover, 
in  hulls,  8  pounds;  of  castor  beans,  46  pounds;  of  sun-flower 
seed,  24  pounds;  of  broom  corn,  46  pounds;  of  hemp  seed,  44 
pounds;  of  rape  seed,  50  pounds;  of  mustard  seed,  58  pounds;  of 
teosinte,  59  pounds;  of  sorghum,  kaffir  corn  and  millets,  50 
pounds;  of  Johnson  grass  seed,  25  pounds;  of  orchard  grass  seed, 
red  top  grass  seed,  blue  grass  seed,  seed  of  Brome  grasses,  tall 
meadow  seed,  oat-grass  seed,  seed  of  all  the  Fescue  grasses  except 
the  tall  and  meadow  fescue  14  pounds;  [of]  turnips,  50  pounds; 
[of]  onions,  57  pounds;  [of]  sweet  potatoes,  56  pounds;  [of]  Irish 
potatoes,  56  pounds;  [of]  green  apples,  48  pounds;  of  tall  fescue 

335 


336  •  Laws  Concerning  Weights  and  Measures 

and  meadow  fescue  grass  seed,  24  pounds;  timothy  grass,  45 
pounds;  chestnuts,  walnuts  and  hickory  nuts  free  from  hull,  50 
pounds;  apple  seed,  40  pounds;  of  peanuts,  22  pounds;  of  cotton 
seed,  30  pounds ;  but  this  section  shall  not  be  construed  to  prevent 

penalty  the  purchase  and  sale  by  measure.     If  any  person  shall  take  any 

greater  weight  for  one  bushel  of  the  several  articles  than  is  herein 

named  he  shall  forfeit  and  pay  the  sum  of  twenty  dollars  for  each 

separate  case  to  any  person  who  may  sue  for  the  same. 

(1741, 1797, 1*93)         If  any  person,  after  demand  by  the  standard  keeper  for  permis- 

penaity  for  using,  un-sion  to  examine  and  adjust  the  same,  shall  buy,  sell,  or  barter  by 
any  weight  or  measure  which  shall  not  be  tried  by  the  standard, 
and  sealed  or  stamped  as  aforesaid,  he  shall,  for  every  such  offence, 
forfeit  and  pay  forty  dollars;  and  if  any  person  shall  sell  and 
deliver  by  less  measure  than  the  standard,  he  shall  forfeit  and  pay 
for  each  offence  forty  dollars  to  the  person  suing  therefor. 
(1867, 1881)  The  governor  is  authorized  to  appoint  a  suitable  person  to  take 

Itandatd  keeper;  ap-care  of  the  balances,  weights  and  measures,  and  perform  the  duties 
relating  to  weights  and  measures,  heretofore  imposed  on  the 
o!%fp1itoi~governor,  and  such  other  duties  as  the  governor  may  prescribe, 
touching  said  balances  and  weights  and  measures;  and  he  shall 
take  from  such  person  a  bond  with  surety,  to  be  approved  by  the 
governor,  in  the  penal  sum  of  five  hundred  dollars  for  the  safe 
keeping  of  said  weights  and  measures,  and  for  the  performance  of 
all  his  duties.  And  in  case  the  governor  fails  to  appoint,  or  the 
person  appointed  fails  to  qualify  or  discharge  said  duties,  the 
keeper  of  the  capitol  shall  be  ex  officio  keeper  of  weights  and 
measures,  and  discharge  the  duties  and  receive  the  compensation 
provided. 

(1881)  It  shall  be  the  duty  of  the  keeper  of  weights  and  measures,  under 

the  direction  of  the  governor,  to  procure  and  furnish,  at  prime 
cost,  to  any  of  the  counties,  upon  an  order  of  the  board  of  county 
commissioners,  any  of  the  standard  sealed  weights  and  measures 
required  by  law  to  be  kept,  and  he  is  hereby  authorized,  by  and 
with  the  approval  of  the  governor,  to  contract  for  the  manufacture 
of  plain,  sealed  weights  substantially  made  of  iron,  steel  or  brass, 
as  the  county  ordering  may  direct ;  yard  stick  made  of  susbtantial 
wood,  each  end  neatly  covered  with  metal,  sealed,  marked  and 
stamped  "  N.  C.  ";  haft  bushel,  peck,  half  peck,  quarter  peck,  and 
one-eighth  peck,  made  of  substantial,  well  seasoned  wood,  with 
secure  metallic  binding  and  casing;  gallon,  half  gallon,  quart,  pint, 
half  pint,  and  gill  measure,  made  of  light  sheet  copper  with  iron 
handles.  He  shall  procure  and  furnish  as  herein  provided  to  the 
board  of  commissioners  of  any  county  ordering  the  same,  dry  and 
liquid  sealed  measures  and  yard  stick  made  of  brass  or  copper. 


North  Carolina  337 


It  shall  be  the  duty  of  the  state  standard  keeper  to  supply  to 
each  county,  which  shall  call  for  the  same,  such  .standard  weights    state  standard 

*j        1  1  £          t_  i.    «  J  j     j    1  i    j    er  t°  suPp!y  c<>untles 

as  the  standard  keeper  of  such  county  shall  demand,  duly  sealed, 
such  county  paying  to  the  state  treasurer  the  actual  costs  of  such 
weights,  upon  the  certificate  of  the  state  standard  keeper. 

It  shall  be  the  duty  of  the  state  standard  keeper  to  keep  a  book,    it^&rd  keeper  to 
in  which  he  shall  keep  an  accurate  account  of  all  the  weights  and  keep  record 
measures  by  him  delivered,  and  the  expenses  incurred  by  him  in 
the  purchase  of  such  weights  and  measures,  subject  to  the  inspec- 
tion of  the  state  treasurer  and  the  general  assembly. 

The  state  standard  keeper  shall  be  allowed  such  compensation  &&**•  19°5'  vo1  x> 
for  his  services  as  the  governor  shall  deem  adequate,  not  exceeding   sJ'f^7'  l88l) 
one  hundred  dollars  a  year.  compensation  of 

^  .  J  1111  -11    standard  keeper 

The  weights  and  measures,  stamps  and  brands  thus  provided,  Revisai,  1905,  ch.  77 
shall  be  kept  at  the  court  house  of  the  respective  counties  by  a  ^p/Jpr.rfpj,  /<>af| 
standard  keeper,  to  be  elected  by  the  board  of  commissioners  for 
the  term  of  two  years;  and  the  person  thus  elected  shall,  before 
the  board  of  county  commissioners,  take  the  oaths  required  f  or  k<£p°  ru.  n  i 
public  officers  and  also  an  oath  of  office.  But  the  Standard  tenure> 
Keeper  may  remove  the  weights  and  measures,  stamps  and  brands 
from  the  court  house,  not  to  exceed  60  days  in  any  one  year,  for 
the  purpose  of  testing  weights  and  measures  throughout  the  county. 
This  Section  shall  not  apply  to  the  counties  of  Beaufort,  Bertie, 
Bladen,  Cumberland,  Currituck,  Gaston,  Halifax,  Lincoln,  Mont- 
gomery, Moore,  Northumberland,  Rutherford,  Warren  and  Yancey, 
and  in  these  counties  the  office  of  standard  keeper  is  abolished. 
Provided,  that  if  complaint  be  made  to  the  board  of  commissioners 
of  Cumberland  County  that  any  person  has  reason  to  believe  that 
the  weights  or  measures  of  any  merchant  or  trader  are  improper 
or  erroneous-,  then  the  said  board  may  appoint  some  competent 
person  to  make  an  examination  of  such  weights  and  measures. 

Every  person,  firm  or  corporation  using  weights  and  measures  o 
any  and  every  kind  which  shall  be  used  in  buying  or  selling  or 
bartering,  or  for  hire,  or  in  fixing  or  determining  the  amount  of  byMw?«  j^.  ch.  69S 

'  •  1      ,i      11  .,    ,1  1    and  Pub.  Local  Laws, 

toll  or  charge  or  rate  for  any  service  shall  allow  or  permit  the  stand-  en  446,  p.  68S 

*.,«  ,       t'  i       Examination  ol 

ard  keeper  of  the  county  to  try,  examine  and  adjust  by  the  stand-  weights  and  measures 

ard,  at  least  once  every  two  years,  all  the  said  weights  and  meas- 

ures of  any  and  every  kind  used  as  aforesaid,  and  every  person,  firm 

or  corporation  who  shall  neglect  to  comply  with  the  requirements  of   Forfelt  foc  neglect 

this  section  shall  forfeit  and  pay  fifty  dollars,  to  be  recovered  at 

the  suit  of  the  standard  keeper,  one-half  to  his  use  and  the  other 

half  to  the  use  of  the  county  wherein  the  default  occurs.     It 

shall  be  the  duty  of  the  standard  keeper,  when  practicable,  to 

mark,  by  stamp  or  brand,  the  weights  or  measures  found  or  made0,fStn^certificate 

8578°—  12  -  22 


338 


Laws  Concerning  Weights  and  Measures 


Counties  ezcepted 


to  agree  with  the  standard,  and  shall  give  a  certificate  of  such 
examination  and  adjustment,  stating  the  weights  and  measures 
examined  and  adjusted.  This  section  shall  not  apply  to  the  coun- 
ties of  Beaufort,  Bertie,  Bladen,  Currituck,  Gaston,  Halifax,  Lincoln, 
Montgomery,  Moore,  Northampton,  Rutherford,  Swain,  Warren, 
Yancey  and  Ashe,  and  in  these  counties  the  office  of  standard 
keeper  is  abolished.  In  Wilson  County,  whenever  any  person,  firm 
or  corporation  has  had  his  or  its  weights  and  measures  tried  by  the 
standard,  and  sealed  or  stamped  as  aforesaid,  such  person,  firm  or 
corporation  shall  not  be  required  to  have  them  tried  by  the  stand- 
ard again,  unless  some  responsible  person  in  the  county  of  Wilson 
shall  make  oath,  and  file  the  same  with  the  standard  keeper  of  said 
county,  that  he  has  reason  to  believe  that  said  weights  or  measures 
are  not  properly  adjusted;  that  notice  shall  be  given  the  owner  of 
said  weights  or  measures  that  complaint  has  been  made  under 
oath,  as  aforesaid,  and  then  the  owner  of  said  weights  and  measures 
shall  have  his  weights  and  measures  tried,  as  herein  provided,  and 
for  failure  shall  then  be  subject  to  the  penalties  mentioned  in 
section  3067.  In  Nash  County  whenever  any  person  has  had  his 
weights  and  his  measures  tried  by  the  standard  and  sealed  or 
stamped  as  aforesaid,  he  shall  not  be  required  to  have  them  tried 
by  the  standard  keeper  again  unless  some  responsible  person  in 
the  county  of  Nash  shall  make  oath  and  file  the  same  with  the 
standard  keeper  of  said  county,  that  he  has  reason  to  believe  that 
said  weights  or  measures  are  not  properly  adjusted.  That  notice 
shall  be  given  the  owner  of  said  weights  or  measures  that  com- 
plaint has  been  made  under  oath  as  aforesaid,  and  then  the  owner 
of  said  weights  and  measures  shall  have  his  weights  and  measures 
tried  as  herein  provided,  and  for  failure  shall  then  be  subject  to 
the  penalties  mentioned  in  section  three  thousand  and  sixty-seven. 

In  every  instance  where  the  standard  keeper  shall  have  before 
of  appa~nml  f°r  adjustment,  or  shall  find  in  the  possession  of  any  person, 
intending  to  use  the  same,  any  weight  or  measure  that  cannot  be 
adjusted  so  as  to  meet  the  requirements  of  the  law,  it  shall  be  the 
duty  of  the  standard  keeper  to  destroy  the  same. 

Standard  keepers  shall  be  entitled  to  receive  the  following  fees, 

,,  i         r  •    •  j      j-       ,•  i  '     . 

sec.  2780  and  no  other,  namely:  for  examining  and  adjusting  a  pair  of  steel- 

Fees  of  standard          j  '    ~  J  ,  •    1  ,      <!1     ir  11 

keepers  yards,  twenty-five  cents  ;  every  weight  of  half  a  pound  and  upwards, 

five  cents;  every  set  of  weights  below  half  a  pound,  including  one 
piece  of  each  denomination,  five  cents;  for  a  yard  stick,  or  other 
measure  of  cloth,  five  cents;  every  bushel,  half  bushel,  peck  or 
other  measure  used  in  measuring  grain,  meal  or  salt,  ten  cents; 
each  measure  for  liquors  or  wines,  three  cents,  and  for  extra  work 
on  bushel  and  half-bushel  measures  a  sum  not  exceeding  twenty- 
five  cents  in  any  one  case;  for  every  surveyor's  chain,  fifty  cents. 


(1866-7) 

Sec.  3074 


1905.  ch.  66 

(1870,1871,1875,1889) 


measure 


North  Carolina  339 

All  millers  shall  keep  in  their  mills  the  following  measures,    Revisai,  i9o5,  Ch.  52. 
namely,  a  half  bushel  and  peck  of  full  measure,  and  also  proper  ^(^  l8Ss) 
toll  dishes  for  each  measure;  but  the  toll  allowed  by  law  may  be   Sec-2121 

.     .,  ,  .    ,  ,  ,  1  , .  f  ,  t  .„  •.  J  Measures   kept,   toll 

taken  by  weight  or  measure  at  the  option  of  the  miller  and  cus-  by  weight 
tomer. 

All  oysters  measured  in  the  shell  shall  be  measured  in  a  circular   Revisai,  1905,  ch.  5s, 
tub  with  straight  sides  and  straight,  solid  bottom,  with  holes  in P-  7(Vj) 
the  bottom  not  more  than  one-half  inch  in  diameter.     The  said   Decisions  of  oyster 
measure  shall  have  the  following  dimensions:  A  bushel  tub  shall1 
measure  18  inches  from  inside  to  inside  across  the  top,  16  inches 
from  inside  to  inside  chimb  to  the  bottom  and  2 1  inches  diagonal 
from  inside  chimb  to  top.     All  measures  used  for  buying  or  selling 
oysters  shall  have  a  brand,  to  be  adopted  by  the  oyster  commis- 
sioner, stamped  therein  by  said  commissioner,  assistant  commis- 
sioner, or  his  lawful  inspectors.     All  measures  found  in  the  pos- 
session of  any  dealer  not  meeting  the  requirements  of  this  section 
shall  be  destroyed  by  said  oyster  commissioner,  assistant  commis- 
sioner or  inspector. 

If  any  person  shall  in  buying  or  selling  oysters  use  any  measure 
other  than  that  prescribed  by  law  for  the  measurement  of  oysters,  ures  for  oysters 
or  if  any  dealer  in  oysters  shall  have  in  his  possession  any  measure 
for  measuring  oysters  other  than  that  prescribed  by  law,  he  shall 
be  guilty  of  a  misdemeanor  and  be  fined  not  exceeding  fifty  dollars 
or  imprisoned  not  exceeding  thirty  days. 

The  standard  measure  for  a  surveyor's  chain  shall  be  twenty-    ^$SA\  Ts>  ch' 77 

j     j  i    i/  1      1    •      1    n  i       (1889:1890) 

two  standard  yards,  a  standard  half  or  two-pole  chain  shall  be   f^af 4s  a  surveyor.s 
eleven  standard  yards,  a  standard  quarter  or  one-pole  chain  shall  chain;  tested801 
be  five  and  one-half  standard  yards ;  but  every  person  using  a  sur- 
veyor's chain,  half  chain  or  quarter  chain  for  measuring  land  shall 
every  two  years  test  the  same  in  the  manner  hereinafter  provided. 

If  any  person  who  shall  use  any  chain  for  measuring  land  with-    Revisai,  1905.  ch.  si 
out  having  the  same  first  measured  and  sealed  by  the  standard-   Sec.36^f^) 
keeper,  or  who  shall  use  the  same  for  a  longer  period  than  two  years  t^^eyot's    chain 
without  bringing  it  to  the  standard-keeper  and  having  the  same 
measured  and  sealed  by  him,  he  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  not  exceeding  ten  dollars. 

If  any  person  shall  pack  for  sale,  sell  or  offer  for  sale  in  this 
State  any  corn  meal  except  in  bags  or  packages  containing  by  Commeal 
standard  weight  two  bushels  or  one  bushel  or  one-half  bushel  or 
one-fourth  bushel  or  one-eighth  bushel  respectively,  each  bag  or 
package  of  corn  meal  shall  have  plainly  printed  or  marked  thereon 
whether  the  meal  is  "bolted"  or  "unbolted,"  the  amount  it  con- 
tains in  bushels  or  fractions  of  a  bushel,  and  the  weight,  he  shall 
be  guilty  of  a  misdemeanor  and  fined  not  exceeding  fifty  dollars  or 
imprisoned  not  exceeding  thirty  days:  Provided  That  the  pro- 


34-Q  Laws  Concerning  Weights  and  Measures 

visions  of  this  section  shall  not  apply  to  the  retailing  of  meal  direct 
to  customers  from  bulk  stock  when  priced  and  delivered  by  actual 
weight  or  measure. 

(1874-5)  If  any  weigher  or  purchaser  of  cotton  shall  make  any  deduction 

cSttonl'weighing  oi  from  the  weight  of  any  bag,  bale  or  package  of  lint  cotton,  for  or 
on  account  of  the  draft,  turn  or  break  of  the  scales,  steelyards,  or 
other  implement  used  in  weighing  the  same,  or  for  any  other  cause 
except  as  herein  allowed,  the  person  so  offending  shall  be  guilty  of 
a  misdemeanor,  and  fined  three  hundred  dollars  or  imprisoned,  in 
the  discretion  of  the  court :  Provided,  That  the  weigher  may  make 
such  proper  deduction  as  shall  be  agreed  on  by  him,  and  the  seller, 
or  his  agent,  for  water,  dirt  or  other  foreign  substance,  in  or  on 
such  bag,  bale,  or  package  of  cotton,  or  for  other  just  cause. 
Revisai.  1905.  vol.  ii,  Each  barrel  of  flour  exposed  to  sale  in,  or  exported  from,  the 

ch'$7or.  'si?,  i8w)     State  by  land  or  water  shall  contain  one  hundred  and  ninety-six 
Barrei42of  flour  topounds,   and  each  half -barrel  ninety-eight  pounds  or  sacks  of 

flouf'topaTslnspertira^^^y-eight  pounds;  half-sacks  of  forty-nine  pounds,  one-fourth 
sacks  twenty-five  pounds,  one-eighth  sacks  twelve  pounds  of  net 
flour,  well  ground,  bolted  and  packed,  merchantable  and  of  due 
fineness,  without  any  mixture  of  coarse  flour,  or  flour  of  any  other 
grain  than  wheat ;  and  every  barrel  shall  be  made  of  good  seasoned 
wood,  tightened  with  ten  hoops,  sufficiently  nailed  with  flour  nails 
in  each  chine-hoop,  and  three  nails  in  each  upper  bilge  hoop;  and 
the  dimensions  shall  be  as  follows,  namely:  The  staves  shall  be 
twenty-seven  inches  in  length,  and  the  head  seventeen  and  one- 
half  inches  in  diameter ;  and  the  half  barrel  shall  be  of  the  following 
dimensions,  namely:  The  staves  twenty-three  inches  in  length, 
and  the  head  twelve  and  one-half  inches  in  diameter;  and  every 
miller  or  manufacturer  of  flour  for  sale  or  exportation  shall  pro- 
vide and  keep  a  distinguishing  mark  or  brand,  containing  the 
initials  of  his  Christian  name,  and  his  surname  at  length,  with 
which  he  shall  brand  every  cask  or  sack,  or  legal  fraction  thereof, 
of  flour,  and  mark  thereon  the  net  and  tare  weight,  before  the  same 
shall  be  removed  from  the  place  where  it  was  bolted;  and  every 
miller  or  manufacturer  shall  receive  the  sum  of  ten  cents  for  bolt- 
ing, packing  and  nailing  every  barrel  of  flour  bolted,  and  that  only, 
lawmiii?  lumber  and  ^  ^un  an<^  scluare  timber  and  sawmill  lumber  at  the  several 

tun  timber,  how  meas- markets  and  mills  in  the  state  shall  be  measured  by  superficial  or 
board  measure;  and  any  person  who  shall  sell  such  timber  by  any 
other  measure  shall  pay  ten  dollars  for  every  offense. 
' 7S<?9)  All  firewood  sold  in  incorporated  towns  shall  be  sold  by  the 

tacord  and  not  otherwise;  and  each  cord  shall  contain  eight  feet  in 
length,  four  feet  in  height  and  four  feet  in  breadth;  and  shall  be 
corded  by  the  seller,  under  the  penalty  of  two  dollars  for  each 
offense,  to  the  use  of  the  informer. 


North  Carolina  341 

All  cotton  sold  in  the  town  of  Wilmington  shall  be  weighed, 


under  the  penalty  of  one  hundred  dollars  for  any  bale  sold  with-    cotton7soid  in  wii- 
out  being  weighed  by  the  proper  officer.    This  does  not  apply  tomtogton 
cotton  bought  elsewhere  and  brought  to  Wilmington  for  export. 

Cotton  shall  be  weighed  by  the  inspectors  of  flour  and  provisions,    wh04to7  weigh 
who  have  been  or  who  may  be,  from  time  to  time,  appointed  by 
the  board  of  county  commissioners  of  New  Hanover. 

The  board  of  county  commissioners  of  said  county  shall,  from   Ioard6of  county  com- 
time  to  time,  fix  the  fee,  not  to  exceed  ten  cents  per  bale,  for  the  missioners  **  *• 
weighing  of  the  aforesaid  articles,  and  until  said  board  shall 
determine  said  fee,  the  inspector  shall  be  entitled  to  receive  the 
following  fee  viz.,  for  every  bale  of  cotton  weighed,  ten  cents. 


NORTH  DAKOTA 


A  bushel  of  each  of  the  articles  enumerated  in  this  section  shall    opr  (/<£/'  /w) 

PCI.    2  lOO 

consist  of  the  number  of  pounds  avoirdupois  respectively  affixed  to    weight  of  bushel 
each : 


Pounds. 

Barley 48 

Beans 60 

Bran 20 

Buckwheat 42 

Beets 60 

Broom  corn  seed 30 

Corn,  shelled 56 

Corn,  in  the  ear 70 

Clover  seed 60 

Coal,  stone 80 

Flax  seed 56 

Lime 80 

Oats 32 


Pounds. 

Onions 52 

Potatoes,  Irish 60 

Potatoes,  sweet 46 

Peas 60 

Rye 56 

Salt 80 

Turnips 60 

Timothyseed 45 

Wheat 60 

Speltz 40 

Millet. 50 

Apples 50 

Bromus  Inermus 14 


A  ton  of  hay  shall  consist  of  two  thousand  pounds ;  or  by  measure- 
ment, three  hundred  and  forty-three  cubic  feet  after  the  same 
shall  have  been  stacked  thirty  days  or  such  time  as  may  be  agreed 
upon  between  the  parties. 

A  perch  of  mason  work  or  stone  shall  consist  of  twenty-five  feet, 
cubic  measure. 

The  state  treasurer  shall  procure  and  keep  in  his  office  the  follow- 
ing standards  of  weights  and  measures,  which  shall  conform  in  every 
particular  to  the  United  States  standards  of  weights  and  measures : 
One  bushel,  one  half  bushel,  one  peck,  one  half  peck,  one  quart, 
one  wine  gallon,  one  wine  half  gallon,  one  wine  quart,  one  wine 
pint,  one  wine  gill.  Such  measures  shall  be  made  of  copper  or 
other  suitable  and  substantial  material ;  also  one  surveyor's  chain 
thirty-three  standard  feet  in  length,  one  yard  measure,  one  foot 
measure  and  one  inch  measure;  also  one  one  hundred  pound 
weight,  one  fifty  pound  weight,  one  twenty-five  pound  weight,  one 
ten  pound  weight,  one  one  pound  weight,  one  half  pound  weight, 
one  quarter  pound  weight,  one  eighth  of  a  pound,  one  one  six- 
teenth of  a  pound  or  one  ounce  weight,  one  set  of  apothecaries 
weights  from  one  pound  to  one  grain,  one  set  of  troy  weights  from 
one  pound  to  one  grain;  besides  such  other  scales,  beams  and 
balances  as  shall  be  necessary  to  test  other  weights  by  these 

343 


Sec.  2189° 
Ton  of  bay 


Sec.  2190° 
Perch  of  stone 


(1885) 
Sec.  2191 

Kept  by  State  treas- 
urer 

Standards 
Capacity 


Length 


Weight 


344  Laws  Concerning  Weights  and  Measures 

Balances  standards;  which  measures,  weights,  scales,  beams  and   balances 

are  hereby  declared  to  be  the  legal  standards  of  weights  and  meas- 
ures for  this  state.  Such  treasurer  shall  be  charged  with  the 

custody  custody  and  be  accountable  to  the  state  for  the  proper  use  and  care 

of  the  same.  Such  standards  shall  be  used  only  for  testing  the 
standards  provided  for  in  this  article,  and  such  treasurer  shall 
keep  a  record  of  all  county  weights,  measures,  beams,  and  bal- 
ances, marked  and  tested  by  him. 

sec  Vf*/'  l8°3^  T he  board  of  county  commissioners  of  any  county  is  authorized 

public  scales          jn  fts  discretion,  when  petitioned  by  fifteen  or  more  residents  and 
actual  farmers  of  the  county,  to  establish  and  locate  public  scales 
at  suitable  railway  stations  in  its  county. 
u*«)  Such  scales  shall  be  purchased  by  the  county,  and  shall  be  under 

care'and  capacity  of  cover,  and  of  not  less  than  five  tons'  weighing  capacity,  and  shall 
be  the  property  of  the  county,  and  at  all  times  under  its  control 
and  subject  to  removal  when  the  county  commissioners  shall  so 
require. 

Appointment  of     ^he  board  shall  also  appoint  at  each  place  where  it  establishes 
such  scales,  a  public  weighmaster,  who  shall  have  the  custody  and 
care  of  such  property,  and  who  shall  give  a  bond  in  the  sum  of  five 
hundred  dollars,  conditioned  for  the  safe  keeping  of  the  same  and 
for  the  faithful  and  impartial  discharge  of  his  duties, 
to     Each  public  weighmaster  shall  keep  a  stub  record  of  all  weighing, 
keep  record  which  record  and  the  receipt  of  such  weighmaster  shall  show  for 

whom  property  was  weighed,  and  shall,  with  such  receipt,  con- 
stitute prima  facie  evidence  of  the  facts  therein  contained. 

sec.  3196  Such  public  weighmasters  shall  receive  such  compensation  and 

Compensation  1111  11  11  1  i       • 

shall  be  governed  by  such  rules  and  regulations  as  may  be  adopted 
by  the  board  of  county  commissioners,  and  may  be  removed  at  any 
time  by  such  board  for  cause. 

sec.  9*s7P'  lso8'          If  any  person  with  intent  to  defraud,  uses  a  false  balance,  weight 

erasureswelghts  ***  or  measure,  in  the  weighing  or  measuring  of  anything  whatever  that' 
is  purchased,  sold,  bartered,  shipped  or  delivered,  for  sale  or  barter, 
or  that  is  pledged  or  given  in  payment,  he  shall  be  punished  by  fine 
not  exceeding  one  hundred  dollars  nor  less  than  five  dollars,  or  by 
imprisonment  in  a  county  jail  not  more  than  thirty  days,  or  by 
both  such  fine  and  imprisonment,  and  shall  be  liable  to  the  injured 
party  in  double  the  amount  of  damages. 

lectai£i£g  same  Every  person  who  retains  in  his  possession  any  weight  or 

measure,  knowing  it  to  be  false,  unless  it  appears  beyond  a  reason- 
able doubt  that  it  was  so  retained  without  intent  to  use  it,  or  per- 
mits it  to  be  used  in  violation  of  the  last  section,  shall  be  punished 
as  therein  provided. 

oii fee  i  may  seize  Every  person  who  is  authorized  or  enjoined  by  law  to  arrest 
81116  another  person  for  a  violation  of  sections  9257  and  9258,  is  equally 


North  Dakota  345 

authorized  and  enjoined  to  seize  any  false  weights  or  measures 
found  in  the  possession  of  the  person  so  arrested,  and  to  deliver  the 
same  to  the  magistrate  before  whom  the  person  so  arrested  is 
required  to  be  taken. 

The  magistrate  to  whom  any  weight  or  measures  is  delivered,    May9  be"  tested  and 
pursuant  to  the  last  section,  shall,  upon  the  examination  of  the destroyed 
accused,  or,  if  the  examination  is  delayed  or  prevented,  without 
awaiting  such  examination,  cause  the  same  to  be  tested  by  com- 
parison with  standards  conformable  to  law;  and  if  he  finds  it  to  be 
false,  he  shall  cause  it  to  be  destroyed,  or  to  be  delivered  to  the 
state's  attorney  of  the  county  in  which  the  accused  is  liable  to 
prosecution  or  trial,  as  the  interests  of  justice  in  his  judgment  may 
require. 

Upon  the  conviction  of  the  accused,  such  state's  attorney  shall   D^ofWe's  attor 
cause  any  weight  or  measure  in  respect  whereof  the  accused  stands  n«y 
convicted,  and  which  remains  in  the  possession  or  under  the  control 
of  such  state's  attorney,  to  be  destroyed. 

Every  person  who  knowingly  marks  or  stamps  false  or  short   lumping  false 
weight  or  false  tare  on  any  cask  or  package,  or  knowingly  sells  Orwei8;htortare 
offers  for  sale  any  cask  or  package  so  marked,  is  guilty  of  a  misde- 
meanor. 

The  sheriff  of  each  county  within  the  state  shall  be  the  inspector  p.^sws>  I9°7>  ch-  273t 
and  sealer  of  weights  and  measures.     He  shall  have  power  to   fgj;^  inspector  of 
appoint  a  deputy  to  perform  the  duties  hereinafter  provided,  whowei*htsandmeasures 
must  be  a  person  qualified  by  experience  and  training  to  intelli- 
gently perform  the  same,  but  he  may  be  a  regular  deputy  sheriff 
provided  he  has  the  qualifications  above  described.     The  deputy 
shall  have  the  same  power  and  perform  the  same  duties  under  this 
article  as  the  inspector  and  sealer  and  shall  take  and  subscribe 
the  oath  required  by  other  county  officers. 

The  inspector  and  sealer  or  his  deputy  shall  once  in  each  year   sec.  a 

11          •    1  ,  •«  1*  J  Tests  made,  when 

test  all  weights  and  measures,  scale  beams,  patent  balances,  steel- 
yards and  other  instruments  used  in  weighing  or  measuring  any 
commodity  sold  by  weight  or  measure  in  his  county  by  the  dupli- 
cates of  said  weights  and  measures  as  are  hereinafter  provided; 
Provided,  the  inspector  of  weights  and  measures  or  his  deputy  may 
test  wagon  scales  oftener  than  once  each  year  if  he  has  reason  to   Maytestwagon 
believe  that  the  same  are  not  weighing  correctly.     He  shall  give  to scales>  how  often 
the  person  in  charge  of  such  weights  or  measures  a  certificate  of  the 
correctness  thereof,  if  found  to  be  correct,  and  if  found  to  be  incor- 
rect, he  shall  cause  the  same  to  be  corrected,  if  he  can  and  if  not  he 
shall  mark  the  same  "  condemned  "  and  in  case  of  short  weights  or 
measures  that  cannot  be  corrected  he  shall  condemn,  confiscate   May  confiscate 
and  keep  the  same  for  evidence.     He  shall  keep  a  record  of  all  such   : 
certificates  issued  by  him  and  of  all  his  transactions  under  this 


346  Laws  Concerning  Weights  and  Measures 

article,  and  shall  file  with  the  county  auditor  during  the  month  of 
December  of  each  year  a  statement  showing  the  date  of  examina- 
tion and  giving  the  names  of  the  persons,  firms  or  corporations 
whose  scales,  weights  and  measures  have  been  by  him  examined, 
and  setting  out  against  such  names  an  enumeration  of  any  scales, 
weights  or  measures  by  him  so  condemned. 

standard  established  The  standard  of  weights  and  measures  shall  be  the  standard 
adopted  by  the  Government  of  the  United  States  and  any  person 
who  knowingly  uses  for  the  purpose  of  purchase  or  sale  or  keeps  for 
public  use  a  weight,  measure,  scale,  balance  or  beam  which  does 
not  conform  to  the  standard  of  weights  and  measures  adopted  by 
the  state,  or  who  alters  a  weight,  measure,  scale,  balance  or  beam 
after  it  has  been  adjusted  and  sealed  so  that  it  does  not  conform 

penalty  for  use  of  to  such  standard  and  fraudulently  makes  use  thereof,  shall  be  fined 

false  apparatus  •> 

for  each  offense  Fifty  Dollars, 
county  commission-     The  Doarcl  or  county  commissioners  of  each  county  shall  pur- 

ers  purchase  chase  such  duplicates  of  weights  and  measures  enumerated  in  sec- 

tion 2191  of  the  Code  of  1905  as  are  deemed  necessary  for  the  use 
of  the  inspector  in  the  carrying  out  of  the  provisions  of  this  act, 

and  measles  weights  which  duplicates  shall  be  paid  for  by  the  county  and  be  delivered 
to  the  inspector  who  shall  be  responsible  to  the  county  under  his 
bond  as  sheriff  for  their  delivery  to  his  successor  in  office. 

f  £s5  The  i  nspector  and  sealer  of  weights  and  measures  shall  be  entitled 

to  demand  and  receive  for  his  compensation  for  the  inspection  here- 
inafter provided  for  and  the  furnishing  to  the  person  whose  weights 
and  measures  are  inspected,  a  certificate  of  such  inspection,  the 
following  fees: 

For  inspecting  and  sealing  railroad  and  track  scales  of  capacity  of  20  tons  and 

upwards $3.  oo 

For  inspecting  and  sealing  scales  of  from  3  to  20  tons  capacity,  each i.  50 

For  inspecting  and  sealing  dormant  scales,  each i.  oo 

For  inspecting  and  sealing  movable  platform  scales,  each 50 

For  inspecting  and  sealing  beams  weighing  100  Ibs.  and  upwards,  each 25 

For  inspecting  and  sealing  Hopper  scales,  each i.  oo 

For  inspecting  and  sealing  counter  scales,  each 25 

For  inspecting  and  sealing  every  patent  balance,  beam,  steelyard  or  other 
instrument  used  for  weighing  other  than  the  above  enumerated,  each 25 

Proviso  Provided  that  when  any  establishment  uses  more  than  three  of 

such  scales  the  fee  for  inspection  of  which  is  25  cents  each  then  any 
further  number  shall  be  tested  for  15  cents  each,  and  with  each 
scale  tested  and  sealed  by  him  he  shall  inspect  and  seal  one  set  of 
weights  without  any  additional  charge  or  compensation. 

For  inspecting  and  sealing  any  two  bushel  or  one  bushel  measure,  each $o.  25 

For  inspecting  and  sealing  any  other  dry  measures,  each 10 

For  inspecting  and  sealing  liquid  measures  of  a  capacity  of  Five  gallons  or  more, 

each 25 

For  inspecting  and  sealing  liquid  measures  of  less  than  five  gallons  and  not  less 

than  one  gallon 15 

For  inspecting  and  sealing  anything  less  than  one  gallon 10 

For  inspecting  and  sealing  any  board  or  cloth  measure,  each 10 


North  Dakota  347 

When  the  inspector  and  sealer  shall  find  any  of  the  instruments  Jce^ayperhour  forserv- 
or  articles  used  in  \veighing  or  measuring  to  be  wrongly  adjusted, 
misconstructed,  out  of  repair  or  in  any  other  condition  which  can 
be  remedied  by  him,  it  shall  be  his  duty  to  correct  such  scale  or 
measure  and  he  shall  receive  for  such  service  fifty  cents  per  hour 
for  the  actual  and  necessary  time  consumed  in  making  such  cor- 
rections and  shall  receive  just  compensation  for  any  material  used 
in  such  correction. 

If  any  person  knowingly  uses  a  false  weight,  measure,  scale,  lenity  for  j  a  i  s  e 
balance  or  beam  after  such  weight,  measure,  scale,  balance  or weights  and  measures 
beam  has  been  adjusted  and  sealed  and  alters  it  so  that  it  does  not 
conform  to  the  public  standard  and  fraudulently  makes  use 
of  it,  he  shall  forfeit  for  each  offense  fifty  dollars,  and  every 
inspector  and  sealer  who  has  reasonable  cause  to  believe  that 
a  weight,  measure,  balance  or  beam  has  been  altered  since  it  was 
last  adjusted  and  sealed  shall  enter  the  premises  in  which  it  is 
kept  or  used  and  shall  examine  the  same  and  if  found  tampered 
with,  shall  have  power  to  seal  them  in  such  a  manner  that  they  can- 
not be  used  until  such  disability  is  removed  and  such  scale,  balance 
or  beam  shall  be  kept  sealed  until  such  fine  is  paid.  The  inspector 
or  sealer  shall  in  no  case  seal  or  mark  as  correct  any  weights, 
measures  or  balances  which  do  not  conform  to  the  standard.  If 
such  weights,  measures  or  balances  can  be  readily  adjusted  as 
heretofore  provided,  he  may  adjust  and  seal  them,  but  if  they  can- 
not by  him  be  adjusted  he  shall  affix  to  such  weight,  measure  or 
balance  a  notice  prohibiting  their  use  until  he  is  satisfied  that  they 
have  been  so  adjusted  as  to  conform  to  the  standard  and  whoever 
removes  said  notice  without  the  consent  of  the  officer  affixing  the 
same  shall  for  each  offense  forfeit  a  sum  not  exceeding  fifty  dollars. 
The  sealer  or  deputy  sealer  of  weights  and  measures  may  seize 
without  warrant  such  weights,  measures  or  balances  as  may  be 
necessary  to  be  used  as  evidence  in  case  of  violation  of  the  law 
relating  to  the  sealing  of  weights  and  measures,  such  weights, 
measures  or  balances  to  be  returned  to  the  owner  or  forfeited  as 
the  Court  may  direct. 

Any  person  believing  any  dealer  is  violating  the  provisions  of   complaints 
this  act  may  make  complaint,  in  writing,  to  any  inspector  or    HOW  lodged 
sealer  or  his  deputy  and  deposit  with  him  five  dollars,  setting  forth 
the  particular  facts  relating  to  such  violation  and  that  he  has  reason 
to  believe  that  the  same  are  true.     Upon  such  complaint  such 
sealer  or  his  deputy  shall  forthwith  test  the  scales,  weights  and 
measures  respecting  the  matter  complained  of,  by  his  duplicates, 
and  if  found  to  conform  thereto  he  may  convert  the  five  dollars 
so  deposited  to  his  own  use  as  his  fee  for  such  services.     If  he  finds 
that  any  of  the  matters  so  complained  of  are  true  he  shall  return 


348  Laws  Concerning  Weights  and  Measures 

the  five  dollars  to  the  complainant  and  it  shall  be  his  duty  forth- 
with to  arrest  the  person  in  charge  of  such  scale  and  take  him  before 
a  Justice  of  the  Peace  in  the  county  for  trial  and  upon  conviction 
such  person,  whether  the  owner  or  not,  shall  be  guilty  of  a  misde- 
cnarge  tor  making  meaner  and  punished  accordingly.  In  all  such  cases  the  sealer  or 

arrest,  charge  for  test-   ,  -!••", 1  .,111  t  1  j_       ..  i 

ing  deputy  sealer  making  the  test  shall  make  and  swear  to  the  com- 

plaint and  shall  be  entitled  to  the  same  lees  as  allowed  officers 
making  an  arrest  upon  a  warrant,  besides  the  sum  of  one  dollar  for 
making  the  test, 
p^fity  for  mislead-     Any  Person  who  shall  wilfully  obstruct  or  mislead  the  inspector 

ing  inspector  or  sealer  in  the  execution  of  his  duties  as  herein  provided,  shall  be 

subject  to  conviction  and  punishment  therefor  in  the  same  manner 
as  is  now  provided  for  the  conviction  and  punishment  of  persons 
opposing  or  hindering  an  officer  ministerial,  judicial  or  executive, 
under  the  laws  of  the  state  and  the  inspector  and  sealer  shall  have 
full  power  and  authority  for  the  various  purposes  named  to  exam- 
ine any  weights,  measures,  scales,  balances  or  beams. 

juv.  codes,  .905,  P.     The  city  council  shall  have  power: 

sec(j678>/0°5)  35-  To  establish  markets  and  market  houses  and  to  provide  for 

General  powers  of  the  regulation  and  use  thereof. 
TO  provide  for  the     36.  To  provide  for  the  place  and  manner  of  sale  of  meats,  poul- 

senctagac°minod^ties  try,  fish,  butter,  cheese,  lard,  vegetables,  and  all  other  provisions, 
and  regulate  the  selling  of  the  same. 

breae<fulate  seuto8  °f  37-  To  regulate  the  sale  of  bread  in  the  city  and  prescribe  the 
weight  and  quality  of  the  bread  in  the  loaf. 

ofRh?mblerfelnfewwCd;     39-  To  regulate  the  inspection,  weighing  and  measuring  of  lum- 

et(L  ,  ber,  firewcod,  coal,  hay,  and  any  article  or  merchandise. 

Weights  and  meas.  ^  •  j       r         A.       •  *.•  j  i-  f  •    1  , 

ures,  sealing  of,  etc.  40.  lo  provide  for  the  inspection  and  sealing  of  weights  and 
measures. 

Vendors  to  use  cor-  ^  r  , ,         .  ,  .  . 

rect  weights  and  meas-     41.   lo  enforce  the  keeping  and  use  of  proper  weights  and 

urRev.  codes,  1905      measures  by  vendors, 
sec.  aa4V*<w)  It  snaH  be  the  duty  of  the  commissioners  of  railroads  to  super- 

JfSS£f*$Sf*  vise  the  handling,  weighing,  and  storing  of  grain  and  seed;  to  estab- 
lish all  necessary  rules  and  regulations  for  the  weighing  of  grain 
and  for  the  management  of  the  public  warehouses  of  the  state,  so 
far  as  such  rules  and  regulations  may  be  necessary  to  enforce  the 
provisions  of  this  article  or  any  law  in  this  state  in  regard  to  the 
same,  investigate  all  complaints  of  fraud  or  oppression  in  the  grain 
trade  of  this  state,  and  correct  the  same  as  far  as  it  may  be  in  their 
power. 

I4£ev-  Codes>  I905>  p     Every  person  who,  in  putting  up  or  pressing  any  bundle  of  hay 
omiiftag  to   mark  for  market,  omits  to  put  the  number  of  pounds  in  each  bundle  or 

baiedhay  bale  so  put  up,  for  which  he  sells  or  offers  to  sell  it,  is  guilty  of  a 

misdemeanor. 


North  Dakota  349 

Every  person  who,  in  putting  up  in  any  bag,  bale,  box,  barrel 
or  other  package,  any  hops,  cotton,  hay  or  other  goods  usually  sold  ta&  wei*ht 
in  bags,  bales,  barrels  or  packages,  by  weight,  puts  in  or  conceals 
therein  anything  whatever  for  the  purpose  of  increasing  the  weight 
of  such  bag,  bale,  box,  barrel  or  package,  is  punishable  by  a  fine  of 
twenty-five  dollars  for  each  offense. 

Every  lot  or  parcel  of  any  "concentrated  commercial  f ceding 32^aws>I9°7>ch- 197>p- 
stuff, "  as  defined  in  section  three,  used  for  feeding  farm  live  stock,   §ec-i. 

u        jy  j  £  i      •      j.1  i      11  1  m        j   •  Weight  to  be  marked 

sold,  offered  or  exposed  for  sale  in  the  state,  shall  have  affixed  in  a  on  packages  of  feeding 
conspicuous  place  on  the  outside  thereof,  a  legible  and  plainly  writ- 
ten statement,  clearly  and  truly  certifying  the  number  of  net 
pounds  contained  therein,  the  name,  brand  or  trade  mark  under 
which  the  article  is  sold,  the  name  and  address  of  the  manufacturer 
or  importer,  *  *  *. 

The  term  "concentrated  commercial  feeding   stuffs,"  as  here   feeding  stuffs   el- 
used,  shall  not  include  hays,  straw,  whole  seeds  nor  the  unmixed  emPted 
meals  made  directly  from  seed  of  wheat,  rye,  speltz,  barley,  oats, 
Indian  corn,  buckwheat,  or  broom   corn,   and   neither  shall  it 
include  wheat,  rye,  buckwheat,  brans  or  middlings  not  mixed 
with  other  substances,  but  sold  separately  as  distinct  article  of 
commerce,  nor  pure  grains  ground  together. 

The  term  "concentrated  commercial  feeding  stuffs,"  as  here  Feeding  stuss  to  be 
used,  shall  include  linseed  meals,  cotton  seed  meals,  cotton  seedtabeled 
feeds,  pea  meals,  cocoanut  meals,  gluten  meals,  gluten  feeds,  maize 
feeds,  starch  feeds,  sugar  feeds,  dried  brewer's  grains,  dried  distiller's 
grains,  malt  sprouts,  hominy  feeds,  cereline  feeds,  rice  meals, 
dried  beef  refuse,  oat  feeds,  corn  and  oat  chops,  corn  and  oat 
feeds,  corn  bran,  ground  beef  or  fish  scraps,  meat  and  bone  meal, 
clover  meals,  condimental  foods,  poultry  foods,  stock  foods, 
patented,  proprietary  or  trade  marked  stock  and  poultry  foods 
(whether  to  be  used  as  foods  or  medicines),  mixed  feeds,  other 
than  those  composed  solely  of  bran  and  middlings  mixed  together, 
or  pure  grains  ground  together,  and  all  other  materials  of  similar 
nature  not  included  in  section  two. 

Each  and  every  manufacturer,  importer,  agent,  or  person,  selling, 
offering  or  exposing  for  sale  in  this  state  any  "concentrated  com- 
mercial feeding  stuff,  "  as  defined  in  section  three  of  this  act,  with- 
out the  statement  required  by  section  one  of  this  act,  *  *  * 
shall  be  fined  not  exceeding  one  hundred  dollars  for  the  first  offense, 
and  not  exceeding  two  hundred  dollars  for  each  subsequent  offense. 

It  shall  be  unlawful  for  any  person,  firm,  association,  co-part-    : 
nership  or  corporation  doing  business  in  the  state  to  purchase  or3Isec. 
receive  any  wheat,  oats,  barley,  flax,  or  other  grains  at  a  different 
weight  for  the  bushel  measure  than  the  number  of  pounds  fixed  by 
the  laws  of  our  state,  and  no  dockage  shall  be  taken  or  received  on 


350  Laws  Concerning  Weights  and  Measures 

same,  excepting  on  such  grains  as  the  grain  inspection  boards  for 
the  terminal  markets  of  the  states  of  Minnesota  and  Wisconsin 
place  a  dockage. 

pecndty  Any  Person>   nrm»   association,   co-partnership  or  corporation 

found  guilty  of  violating  the  provisions  of  this  act  shall  be  guilty  of 
a  misdemeanor  and  be  fined  not  less  than  twenty-five  nor  more  than 
one  hundred  dollars  for  each  and  every  offense. 

Laws,  J9o7,ch.i9s,p.       It  shall  be  unlawful  for  any  person,  either  himself  or  while  acting 
5l|ec.  i  as  agent  or  servant  of  any  other  person  or  corporation  to  manufac- 

mtebnmdfn^f  0*0  d  s  ture  for  sale,  sell,  offer  or  to  have  for  sale,  to  solicit  orders  for,  to 
store  or  to  deliver  within  the  state  any  article  of  food  or  beverage 
which  is  unwholesome,  misbranded,  adulterated  or  insufficiently 
labeled  within  the  meaning  of  this  act.  The  having  in  possession 
of  such  adulterated,  unwholesome,  misbranded  or  insufficiently 
labeled  article  or  articles  shall  be  deemed  as  prima  facie  evidence 
of  the  violation  thereof.  For  the  purposes  of  this  act  all  condi- 
ments, extracts,  vinegars,  or  other  substances  used  in  the  prepara- 
tion or  compounding  of  foods  or  food  products  and  beverages  shall 
be  deemed  as  articles  of  food. 


vSec' 2      constitute      Any  article  of  food  or  beverage  shall  be  considered  as  misbranded , 


What 


unwholesome,  adulterated  or  insufficiently  labeled  within  the  mean- 
ing of  this  act : 

stateden  Ninth.  If  every  package,  bottle  or  container  does  not  bear  the 

true  net  weight,  the  name  of  the  real  manufacturer  or  jobber,  and 
the  true  grade  or  class  of  the  product,  the  same  to  be  expressed  on 
the  face  of  the  printed  label  in  clear  and  distinct  English  words  in 
black  type  on  a  white  background,  said  type  to  be  in  size  uniform 
with  that  used  to  name  the  brand  or  producer. 

of  food  or  Every  article  of  food  or  beverage  as  defined  in  the  statutes  of  this 
nu-  s^a^e  shall  be  sold  by  weight,  measure  or  numerical  count  and  as 
now  recognized  by  trade  custom,  and  shall  be  labeled  in  accordance 
with  the  provisions  of  the  food  and  beverage  laws  of  this  state.  Only 
those  products  shall  be  sold  by  numerical  count  which  cannot  well 
be  sold  by  weight  or  measure.  All  weights  shall  be  net,  excluding 
the  wrapper  or  container,  and  shall  be  stated  in  terms  of  pounds, 
ounces  and  grains  avoirdupois  weight,  and  all  measure  shall  be  in 
terms  of  gallons  of  two  hundred  and  thirty-one  (231)  cubic  inches 
or  fractions  thereof,  as  quarts,  pints  and  ounces.  Reasonable 
variations  shall  be  permitted  and  tolerations  therefor  shall  be  es- 
tablished and  promulgated  by  the  food  commissioner. 


North  Dakota  351 


Every  lot  of  lard  or  of  lard  compound  or  of  lard  substitute,  unless   i^^s.  i9n,  ch.  236, 
sold  in  bulk,  shall  be  put  up  in  pails  or  other  containers  holding  one    weightpdf  iard  or  lard 
(i)  ,  three  (3)  ,  or  five  (5)  pounds  net  weight,  or  some  whole  multiple  STSSLtaS?11  put 
of  these  numbers,  and  not  any  fractions  thereof.     If  the  container  be 
found  deficient  in  weight,  additional  lard,  compound  or  substitute, 
shall  be  furnished  to  the  purchaser  to  make  up  the  legal  weight. 
The  face  label  shall  show  the  true  name  and  grade  of  the  product, 
the  true  net  weight,  together  with  the  true  name  and  address  of  the 
producer  or  jobber.     If  other  than  leaf  lard  is  used,  then  the  label 
shall  show  the  kind  ,  as  "  B  ack  Lard  ,  "  or  "  Intestinal  Lard  .  '  '    Every 
lard  substitute  or  lard  compound  shall  also  show,  in  a  manner  to 
be  prescribed  by  the  food  commissioner,  the  ingredients  of  which  it 
is  composed,  and  each  and  every  article  shall  be  in  conformity  with, 
and  further  labeled  in  accordance  with  the  requirements  under  the 
food  laws  of  this  state. 

A  loaf  of  bread  for  sale  shall  be  two  pounds  in  weight.     Bread,    f^ht  of  standard 
unless  composed  in  chief  parts  of  rye  or  maize,  shall  be  sold  only  loaves  of  bread 
in  whole,  half  and  quarter  loaves  and  not  otherwise.     Bread,  when 
sold,  shall,  upon  request  of  the  buyer,  be  weighed  in  his  presence, 
and  if  found  deficient  in  weight  additional  bread  shall  be  delivered 
to  make  up  the  legal  weight,  except  that  this  section  shall  not  apply 
to  rolls  or  to  fancy  bread  weighing  less  than  one-quarter  of  a 
pound.     Provided  every  loaf,  half  loaf,  quarter  loaf  or  other  loafj^l1*111  olother 
of  bread  which  does  not  weigh  the  full  legal  weight  required  by 
this  section  when  plainly  labeled  with  the  exact  weight  thereof, 
shall  not  be  deemed  in  violation  of  the  provisions  of  this  act. 

Any  person  violating  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  for  the  first  offense  shall  be 
punished  by  a  fine  of  not  less  than  $5.00  nor  more  than  $100.00 
and  the  necessary  costs,  and  for  the  second  and  each  subsequent 
offense  he  shall  be  fined  not  less  than  $50.00  nor  more  than  $100.00, 
or  ninety  days  in  jail  or  both  at  the  discretion  of  the  court. 


OHIO 

The  standard  weights  and  measures  furnished  this  state  by 
secretary  of  the  treasury  of  the  United  States  under  a  resolution  of   'SK(I68* *• Z8?s) 
Congress,  approved  Tune  14,  one  thousand  eight  hundred  and   standards,  those  fur- 

...   f         •  I.    11    i_       jY.       i          i  j       j       £  •    -P .  nished  by  United  States 

thirty-six,  shall  be  the  legal  standard  of  weights  and  measures  Government;     metric 
throughout  the  state.     This  chapter  shall  not  prevent  the  use  of syste 
the  weights  and  measures  of  the  metric  system,  authorized  by  con- 
gress of  the  United  States,  as  it  appears  in  the  revised  statutes  of 
the  United  States. 

Contracts  for  work  to  be  done,  or  for  anything  to  be  sold  by   lyc-6^°t  standard 
weight  or  measure,  shall  be  construed  according  to  the  standards  contracts  construed 
hereby  adopted  as  the  standards  of  this  state.  (rfdj) 

The  unit  of  standard  measure  of  length  and  surface,  from  which   §ec.  6405 

„      ,1  .  .  i      .1          i-          t  _e    •    t  t-j       Yard>    the    standard 

all  other  measures  of  extension,  whether  lineal,  superficial  or  solid,  measure  of  length  and 
shall  be  derived  and  ascertained,  is  the  standard  yard,  in  posses- su 
sion  of  the  secretary  of  state,  and  furnished  by  the  government  of 
the  United  States.     The  yard  shall  be  divided  into  three  equal 
parts,  called  feet,  and  each  foot  into  twelve  equal  parts,  called 
inches.     For  the  measure  of  cloths  and  other  commodities  com- 
monly sold  by  the  yard,  it  may  be  divided  into  halves,  quarters, 
eighths  and  sixteenths. 

The  rod,  pole  or  perch  shall  contain  five  and  a  half  such  yards,    contents0  oi  a  rod 
and  the  mile,  one  thousand  seven  hundred  and  sixty  such  yards,  P°I*  Perch«  mile>  °* 
The  chain  for  measuring  land  shall  be  twenty-two  yards  long,  and   Links 
be  divided  into  one  hundred  equal  parts,  called  links. 

The  acre  for  land  measure  shall  be  measured  horizontally,  and   f^64070 
contain  ten  square  chains,  and  be  equivalent  in  area  to  a  rectangle 
sixteen  rods  in  length  and  ten  rods  in  breadth.     Six  hundred  and 
forty  acres  shall  be  contained  in  a  square  mile. 

The  perch  of  mason  work  or  stone  shall  consist  of  twenty-five   p^cn4of  °mason  work 
cubic  feet.  or  stone 

The  standard  measure  of  a  cord  of  fire-wood  or  tan-bark  shall        , (-186^ 

vSec.  6409 

be  one  hundred  and  twenty-eight  cubic  feet,  well  stowed  and .  c°rd,  oi  are-wood  or 

J        °  tan-bark 

packed. 

The  units  or  standards  of  weight  from  which  all  other  weights    iS,dard°  weights 
shall  be  derived  and  ascertained  shall  be  the  standard  avoirdupois 

8578°— 12 23  353 


354  Laws  Concerning  Weights  and  Measures 

and  troy  weights  furnished  this  state  by  the  United  States  gov- 
ernment. 

sec.  64if 6l)  The  avoidupois  pound,  which  bears  to  the  troy  pound  the  ratio 

dMsTonl  "on  "*  8ub"  of  seven  thousand  to  five  thousand  seven  hundred  and  sixty,  shall 
be  divided  into  sixteen  equal  parts  called  ounces.  The  hundred- 
weight except  of  pig-iron  and  iron  ore,  shall  consist  of  one  hundred 
avoirdupois  pounds,  and  twenty  hundred  weight  shall  constitute 
a  ton.  The  troy  ounce  shall  be  equal  to  the  twelfth  part  of  a  troy 
pound. 

Gallon""  The  unit  or  standard  measure  of  capacity  for  liquids,  from  which 

all  other  measures  of  liquids  shall  be  derived  and  ascertained, 
shall  be  the  standard  gallon,  and  its  parts,  furnished  this  state  by 
the  government  of  the  United  States. 

' I896}  The  barrel  shall  contain  thirty-one  and  one-half  gallons,  and 
two  barrels  shall  constitute  a  hogshead.  Barrels,  for  the  purpose 
of  containing  apples,  potatoes,  onions  or  other  fruit,  produce  or 
vegetables,  shall  be  made  of  staves  of  seasoned  timber,  twenty- 
eight  and  one-half  inches  in  length  with  cut  heads  of  seventeen 
and  one-eighths  inches  in  diameter  and  shall  measure  at  the  bulge 
not  less  than  sixty-six  inches  in  circumference,  outside  measure. 
Such  barrel  shall  be  known  as  "the  standard  barrel,"  and  on  the 
outside  of  one  or  more  of  the  staves  thereof  shall  be  stamped  or 
branded  the  words  "State  of  Ohio,  standard,"  the  name  of  the 
cooper  or  manufacturer  thereof  and  the  name  of  the  city  or  town 
nearest  to  which  the  cooper  shop  or  place  of  business  of  such  man- 
ufacturer is  located. 

Hai-bushei  The  unit  or  standard  measure  of  capacity  for  substances  other 

than  liquids,  from  which  all  other  measures  of  such  substances 
shall  be  derived  and  ascertained,  shall  be  the  standard  half-bushel 
measure  furnished  this  state  by  the  government  of  the  United 
States,  the  interior  diameter  of  which  is  thirteen  inches  and  thirty- 
nine-fortieths  of  an  inch,  and  the  depth  is  seven  inches  and  one- 
twenty-fourth  of  an  inch. 

lubdfvisions  of  haii-     ^e  Pec^>  half-peck,  quarter-peck,  quart  and  pint  measures  for 
bushel  measuring  commodities  other  than  liquids,  shall  be  derived  from 

the  half -bushel  measure  by  dividing  it  and  each  successive  measure 
by  two. 

sec.  64(i65<5/)  Articles  usually  sold  by  heaped  measure  shaJ  be  heaped  in  a 

Heaped  measures     conical  form  as  high  as  such  articles  permit. 

Ho°w64dJy  commodi-  Measures  for  measuring  dry  commodities  not  usually  heaped 
shall  be  struck  with  a  straight  stick,  with  the  edges  rounded.  Com- 
modities other  than  liquids,  when  sold  by  the  gallon  or  less,  shall 
be  sold  by  the  dry  measure. 


Ohio 


355 


Pounds. 


bushel 


A  bushel  of  the  respective  articles  hereinafter  mentioned  shall  (j5&  l8L5>  J#g-  l8a8/' 
1.-,                       P       •  -,.  •   i       .      .      ,,.          ,.  -^1     1884,1885,1886,1887, 

be  the  amount  of  weight,  avoirdupois,  in  this  section  specified,    ^9.1893) 

Viz  I  1  .  Standard   weight   of 

Pounds. 

Wheat 60 

Rye 56 

Timothy  seed 45 

Hemp  seed 44 

Millet  seed 50 

Buckwheat 50 

Beans 60 

Peas 60 

Hominy 60 

Irish  potatoes 60 

Sweet  potatoes 50 

Onions * 55 

Dried  peaches 33 

Dried  apples 24 

Flaxseed 56 

Barley 48 

Malt 34 


Hungarian  grass  seed 50 

Lime 70 

Coke 40 

Bituminous  coal 80 

Cannel  coal 70 

Corn,  shelled 56 

Corn  in  the  ear 68 

Popcorn  in  the  ear 42 

Tomatoes 56 

Apples 50 

Peaches 48 

Turnips 60 

Carrots 50 

Beets 56 

Oats 32 

Clover  seed.  .  60 


All  articles  hereinafter  mentioned,  when  sold,  shall  be  sold  by  b 
avoirdupois  weight  or  numerical  count,  unless  by  agreement  of  all  w^ght 
contracting  parties,  viz:  apples,  peaches,  pears,  plums,  quinces, count 
cranberries,  prunes,  raisins,  dates,  figs,  dried  apples,  dried  peaches, 
apricots,  rice,  beans,  green  beans,  carrots,  onions,  parsnips,  Irish 
potatoes,  sweet  potatoes,  tomatoes,  turnips,  beets,  sugar  beets, 
peas,  green  peas,  cabbage,  cauliflower,  endive,  lettuce,  spinach, 
sauerkraut,  barley,  bran,  buckwheat,  corn  in  ear,  shelled  corn, 
wheat,  rye,  oats,  sweet  corn  in  ear,  shelled  sweet  corn,  hominy, 
dried  sweet  corn,  popcorn  in  ear,  shelled  popcorn,  bluegrass  seed, 
broom  corn  seed,  canary  seed,  cotton  seed,  castor  oil  bean,  pine 
tree  products  and  vegetable  oils,  clover  seed,  timothy  seed,  hemp 
seed,  Hungarian  grass  seed,  malt,  millet,  onion  sets,  orchard  grass 
seed,  rape  seed,  red  top  seed,  English  walnuts,  black  walnuts,  hick- 
ory nuts,  Brazil  nuts,  pecans,  almonds,  filberts,  coal,  coke,  lime, 
salt,  sugar,  tea,  coffee,  bulk  spices,  cheese,  butter,  oleomargarine, 
lard,  fresh  and  salt  meats,  fish,  game  fowls,  flour,  corn  meal, 
chopped  feed,  pepper  in  bulk,  and  candy  in  bulk.  Nothing  in 
this  section  shall  apply  to  seeds  and  other  articles  in  sealed  pack- 
ages. The  provisions  of  this  act  shall  in  no  way  apply  to  goods 
sold  or  bought  in  car  lots  until  said  goods  are  sold  at  retail.  Who- 
ever sells  or  offers  for  sale  any  article  in  this  section  enumerated, 
in  any  other  manner  than  herein  specified,  shall  be  deemed  guilty 
of  a  misdemeanor  and  upon  conviction  thereof,  shall  be  fined  not 
less  than  $10  nor  more  than  $100  for  the  first  offense,  and  not  less 
than  $25  nor  more  than  $200  for  the  second  offense,  or  impris- 
oned not  more  than  three  months,  or  both. 

» For  convenience  In  printing  a  slight  change  has  been  made  In  arrangement  of  these  articles. 


356  Laws  Concerning  Weights  and  Measures 


sec  standard  bushel  of  stone  coal,  coke  and  unslacked  lime, 

Bucsheuor  measuring  shall  contain  twenty-six  hundred  and  eighty-eight  cubic  inches; 

stone  coal  and  lime  fj  .  1  ..    ,  in  L    • 

and  the  measure  for  measuring  such  articles  shall  contain  two 
bushels,  and  be  of  the  following  interior  dimensions:  twenty-four 
inches  diameter  at  the  top,  twenty  inches  at  the  bottom,  and 
fourteen  and  one-tenth  inches  deep. 

(1869.1875)  Sales  of  coal  shall  be  by  weight;  and  two  thousand  pounds 

when42coai  sold  by  avoirdupois  shall  constitute  a  ton  thereof;  but  where  coal  can  not 
ZESf"         '8"be  weighed,  it  may  be  sold  by  measurement. 
sec  6  (2J/W)  Whoever  sells  stone  coal  in  violation  of  this  chapter  shall  be 

seiiing2  coai  in  viola-  liable  to  the  person  to  whom  such  coal  is  sold  and  delivered  in 
treble  damages.  If  the  defendant  in  such  action  dqes  not  reside 
in  the  county  where  the  mine  is  located,  service  may  be  had  upon 
him  by  leaving  a  copy  of  the  summons  at  his  place  of  business. 
A  judgment  recovered  in  such  action  shall  be  a  lien  upon  all  prop- 
erty of  such  defendant  in  the  county  from  the  day  of  service. 
This  section  shall  not  apply  to  a  person  or  corporation  mining  or 
selling  less  than  fifteen  thousand  bushels  of  coal  annually. 
sec.  «422**5)  The  standard  of  measurement  for  a  bushel  of  charcoal  shall  be 

standard  oi  measure-  twenty-seven  hundred  and  forty-eight  cubic  inches. 

ment  for  bushel  of  char-        .^      J  .  ,-.,•'         °  .. 

coai  The  state  dairy  and  food  commissioner  shall  be  state  sealer. 

sec.  7*5.  «Mnacd,  The  standards  of  weights  and  measures  adopted  by  the  state 
M!tate'  I9seaier  andshall  be  deposited  in  a  suitable  room  at  Columbus,  and  be  by  him 
Md  measures  weightskept  in  suitable  cases,  to  be  opened  only  for  the  purpose  of  com- 
paring them  with  such  standards  the  copies  which  by  law  are 
furnished  for  the  use  of  the  several  counties,  cities  or  villages, 
unless  by  joint  resolution  of  the  general  assembly,  or  upon  a  call 
of  either  house  for  information,  or  by  order  of  the  governor 
for  scientific  purposes.  The  state  dairy  and  food  commissioner 
shall,  upon  the  passage  of  this  act,  and  once  every  three  years 
thereafter,  require  each  county  auditor  and  city  or  village  sealer, 
in  this  state,  to  present  all  standards  of  weights  and  measures  in 
their  possession  to  him  for  comparison  with  the  standards  adopted 
by  the  state,  and  the  dairy  and  food  commissioner  shall  condemn 
*  and  destroy  all  of  such  standards  as  do  not  conform  with  the 
standards  adopted  by  the  state.  Each  county  auditor  and 
each  city  and  village  sealer  shall  be  required  to  procure  copies 
of  all  the  original  standards  adopted  by  the  state  named  in  sec- 
tion seven  thousand,  nine  hundred  and  sixty-six  of  the  General 
Code,  except  such  standards  now  in  their  possession  as  the  state 
dairy  and  food  commissioner  shall  find  to  conform  with  the 
standards  adopted  by  the  state.  It  shall  be  the  duty  of  the  state 
dairy  and  food  commissioner  to  advise  and  assist  all  county, 
city  and  village  sealers,  and  generally  be  charged  with  the  enforce- 
ment of  all  laws  relating  to  weights  and  measures,  and  in  the  per- 


Ohio  357 

formance  of  such  duties  he  may  use  the  services  of  any  persons 
employed  under  his  department.  The  state  dairy  and  food 
commissioner  or  any  person  employed  by  him  for  that  purpose 
may  try  and  prove  any  weights,  measure,  balance  and  any  other 
weighing  or  measuring  device,  on  request  from  any  person,  and 
when  the  same  are  found  or  made  to  conform  to  the  state  stand- 
ards shall  cause  the  same  to  be  sealed  and  marked,  as  provided 
in  section  two  thousand  six  hundred  and  sixteen  of  the  General 
Code. 

The  state  dairy  and  food  commissioner  or  his  deputy,  or  any  eds^-£^~Ii^i  ^a^- 
other  duly  authorized  sealer  of  weights  and  measures  or  his  dep-   x™*   commissioner 

J.  .°,  ,  ,      ,  ,,^    or  his  deputy,  etc.,  may 

uty,  may  inspect  and  test  any  weight,  measure,  balance  or  other  inspect  and  test  scales, 

•    -L.  •  j       •  -u  j-i,  •  J  etc-> 

weighing  or  measuring  device,  wherever  the  same  is  used,  or 
maintained  for  use,  and  if  such  weight,  measure,  balance  or  other 
weighing  or  measuring  device  is  found  to  be  false  or  fraudulent, 
or  cannot  be  made  to  conform  to  the  legal  standard,  the  same  shall 


be  condemned  and  confiscated  by  the  said  sealer  or  deputy  sealer.  connstewhen1 

Copies  of  the  original  standards  of  the  following  materials,  sec.  79665<5z) 
shall  be  procured  by  the  state  sealer  for  the  use  of  each  county  to^l^lt  counties3"*18 
in  this  state,  not  already  furnished,  in  pursuance  of  law,  and  be 
delivered  by  him  to  the  auditor  thereof  :  One-half  bushel  meas- 
ure, of  one-eighth  inch  copper,  with  brass  rim;  one  gallon  meas- 
ure, of  one-sixteenth  inch  copper,  with  brass  rim  and  handle; 
one-half  gallon,  one  quart,  one  pint,  and  one-half  pint  measure, 
to  be  made  in  the  same  manner  and  of  the  same  material;  fifty, 
twenty-five,  twenty,  ten,  five,  four,  three,  two  and  one  pound 
weights,  avoirdupois,  to  be  made  of  cast  iron,  turned,  polished, 
and  trimmed;  and  one-half  pound,  one  quarter  pound,  two  ounce, 
one  ounce,  half  ounce,  and  quarter  ounce  weights,  troy,  to  be 
made  of  brass;  one  brass  yard  measure,  graduated  into  feet, 
inches  and  tenths. 

The  state  sealer  shall  cause  to  be  impressed  on  each  of  the   Device*7  on    county 
copies,  so  to  be  delivered  to  the  counties,  the  letter  "O,"  andstandards 
such  other  device  for  each  county  as  he  directs  before  its  deposit 
in  the  county  auditor's  office.     Such  device  shall  be  recorded  in 
the  state  sealer's  office,  and  a  copy  thereof  furnished  to  the  auditor 
of  the  proper  county. 

The  state  sealer  shall  furnish  like  copies  of  the  original  stand-  £f£e7c9opies  to  be  fur- 
ards  to  the  sealer  of  any  city  or  village  upon  application  therefor,  ^^  to  c"ies  and 
and  payment  of  the  cost  thereof,  by  such  city  or  village. 

The  state  sealer  shall  render  accounts  to  the  auditor  of  state 
of  all  moneys  by  him  paid  or  liabilities  incurred  in  procuring 
and  delivering  copies  of  the  standards  to  the  counties;  and  the 
auditor  shall  audit  such  accounts  and  draw  his  warrants  on  the 
state  treasurer  for  the  amount  he  finds  due,  which  must  be  paid 


258  Laws  Concerning  Weights  and  Measures 

by  the  treasurer  out  of  any  moneys  to  the  credit  of  the  general 
revenue  fund. 

d876. 1891)  The  state  sealer  of  weights  and  measures  shall  have  charge  of  all 

inspection  of  gas  and  the  apparatus  and  property,  belonging  to  the  state,  intended 
for  the  inspection  of  illuminating  gas  and  gas  meters,  and  the 
testing  of  the  registration  of  meter-provers ;  he  shall  test  the 
registration  of  all  meter-provers  that  may  be  presented  to  him 
for  that  purpose,  and  stamp  and  seal  all  such  meter-provers,  so 
tested,  that  are  found  correct.  For  testing  the  registration  of 
gas  meter-provers,  to  be  paid  by  the  persons  requiring  such 
service,  he  shall  be  allowed  the  sum  of  five  dollars  for  each  meter- 
prover  tested. 
d86r.  1910)  By  virtue  of  his  office,  the  county  auditor  shall  be  county 

MayCio,2i69iSo  ai  °  sealer  of  weights  and  measures  and  shall  be  responsible  for  the 
preservation  of  the  copies  of  the  original  standards  delivered  to 
his  office.  It  shall  be  the  duty  of  the  county  auditor  to  see  that  all 
state  laws  relating  to  weights  and  measures  be  strictly  enforced 
throughout  his  county  and  to  assist  generally  in  the  prosecution  of 
all  violations  of  such  laws. 

M^O  2i6l?o  amended     The  county  sealer  shall  compare  all  weights  and  measures, 
Duties    of    county  brought  to  him  for  that  purpose,  with  the  copies  of  standards  in 

sealer;  weights,  meas-  »  .  f  ^ 

ures,  etc.,  must  behis  possession.  When  they  are  made  to  conform  to  the  legal 
standards,  the  officer  comparing  them  shall  seal  and  mark  such 
weights  and  measures.  No  weight,  measure,  balance  or  other 
weighing  or  measuring  device  shall  be  used  or  maintained  for 
weighing  and  measuring  in  this  state  unless  such  weight,  measure, 
balance  or  other  weighing  or  measuring  device  has  been  sealed  or 
marked  by  the  state  dairy  and  food  commissioner,  or  any  employee 
of  said  commissioner  detailed  for  that  purpose,  or  by  the  county 
sealer  or  by  the  sealer  of  the  city  or  village  in  which  the  same  is  used 
or  maintained,  by  stamping  upon  each  the  letter  "  O  "  and  the  last 
two  figures  of  the  year  in  which  it  has  been  compared  with  legal 
standards,  adjusted  and  found  or  made  to  conform  to  said  stand- 
ards, with  seals  to  be  provided  by  said  dairy  and  food  commissioner 
for  that  purpose.  Whoever  violates  any  of  the  provisions  of  this 
section  shall  be  fined  not  less  than  fifty  dollars  nor  more  than  one 
hundred  dollars  for  the  first  offense  and  for  each  subsequent  offense 
shall  be  fined  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars  and  imprisoned  for  not  more  than  ninety  days  or 
both.  A  justice  of  the  peace,  police  judge,  or  mayor  shall  have 
final  jurisdiction  in  such  cases  as  in  cases  of  violation  of  law  relating 
to  the  adulteration  of  food  and  drink  and  dairy  products. 

sec.  Jiz,86z)  When  a  county  sealer  resigns,  is  removed  from  office,  or  removes 

L2?L  ^S?**0111  tn(i  county,  he  shall  deliver  to  his  successor  in  office  the 

copies  to  sue-    .         *       «        «  •    1   .  ,  .        ,  .  .  _ 

standards,  beams,  weights,  and  measures  in  his  possession.     In 


Ohio  359 

case  of  the  death  of  a  county  sealer  his  representatives  shall,  in 
like  manner,  deliver  to  his  successor  in  office  such  beams,  weights 
and  measures. 

In  case  of  neglect  or  refusal  to  deliver  such  standards  entire  and  sec.  2618 
complete,  the  successor  in  office  may  maintain  a  civil  action  against 
the  person  so  refusing  or  neglecting,  and  recover  double  the  value 
of  such  standards  as  have  not  been  delivered,  with  costs  of  suit, 
which  shall  be  by  him  appropriated  to  the  purchase  of  such  stand- 
ards as  are  required  in  his  office. 

No  surveyor  shall  give  evidence  in  a  cause  pending  in  any  of  the   f^^.     chains> 
courts  of  this  state,  or  before  arbitrators,  respecting  the  survey  or  ***  testimony 
admeasurement  of  any  lands,  unless  such  surveyor  makes  oath,  if 
required,  that  the  chain  or  measure  used  by  him  was  conformable 
to  the  standards  of  this  state. 


If  any  person  hereafter  uses  any  weights,  measures,  or  beams,  in    peCMity0  for 


using 


weighing  or  measuring,  which  do  not  conform  to  the  standards  of  ^sure^eiehts     and 

the  state,  or  any  other  measures  established  by  law,  whereby  a 

dealer  in,  purchaser,  or  seller  of,  any  commodity  or  article  of 

traffic  is  injured  or  defrauded,  such  dealer,  purchaser,  or  seller, 

may  maintain  a  civil  action  against  the  offender,  and  if  judgment  is 

rendered  him,  he  shall  receive  double  damages  and  costs  of  suit. 

The  provisions  of  the  preceding  two  sections   shall  not  be   w£en62not  to  be  en- 
enforced  in  any  county,  unless  it  has  been  furnished  with  copies  of forced 
the  standards  of  this  state,  at  least  six  months  previous  to  such 
measuring  or  surveying. 

Each  county  sealer  of  weights  and  measures  shall  appoint  by  (i86l>  ISM,  iw,  1910, 
writing  under  his  hand  and  seal,  a  deputy  who  shall  compare   sec.  ^'L  amended 
weights  and  measures  wherever  the  same  are  used  or  maintained  ^Deputy  I9seafer426of 
for  use  within  his  county,  or  which  are  brought  to  the  office  of  the  weights  and 
county  sealer  for  that  purpose,  with  the  copies  of  the  original 
standards  in  the  possession  of  the  county  sealer,  who  shall  receive   ^^ 
a  salary  fixed  by  the  county  commissioners,  to  be  paid  by  the 
county,  which  salary  shall  be  instead  of  all  fees  or  charges  other- 
wise allowed  by  law.     Such  deputy  shall  also  be  employed  by  the   Duties 
county  sealer  to  assist  in  the  prosecution  of  all  violations  of  laws 
relating  to  weights  and  measures. 

Each  sealer  may  receive  for  his  services,  the  following  fees:   Sec 
For  sealing  and  marking  every  beam,  ten  cents;  for  sealing  and   Fees 
marking  measures  of  extension,  at  the  rate  of  ten  cents  per  yard, 
not  exceeding  twenty-five  cents  for  any  one  measure;  for  sealing 
and  marking  each  weight,  five  cents;  for  sealing  and  marking 
liquid  or  dry  measures,  if  of  one  gallon  or  more,  ten  cents,  and  if 
less  than  one  gallon,  five  cents ;  and  a  reasonable  compensation  for 
marking  such  weights  and  measures,  so  as  to  conform  to  the 
standards. 


360  Laws  Concerning  Weights  and  Measures 

sects' /cw5)  The  ma7or  maY  appoint  a  sealer  of  weights  and  measures,  who 

slaier  of  weights  and  shall  hold  office  co-extensive  with  the  term  of  office  of  the  mayor 
mcitierseand  villages  who  made  his  appointment,  and  until  his  successor  is  appointed 
te4ppoil  ld  and  qualified,  unless  otherwise  removed  from  office. 

Qualification  and  The  sealer  of  weights  and  measures  shall  be  a  competent  per- 
compensation  son  for  ^e  position,  and  shall  receive  a  salary  fixed  by  ordinance, 

to  be  paid  by  the  corporation,  which  salary  shall  be  instead  of  all 
fees  or  charges  otherwise  allowed  by  law  or  ordinance. 

oShTnd  bond  Before  entering  upon  his  duties,  the  sealer  of  weights  and  meas- 

ures shall  take  the  oath  of  office  required  by  law,  and  give  bond 
to  the  corporation  in  such  amount  as  is  prescribed  by  ordinance, 
with  security  to  the  approval  of  the  Mayor,  and  conditioned  for 
the  faithful  performance  of  his  duties. 

comparison  with  At  least  once  in  three  years,  the  sealer  of  weights  and  measures 
county  standards  shall  compare  the  copy  of  standards  in  his  possession  with  those 

in  the  office  of  the  county  sealer. 

sec-X^a^ended  The  sealer  of  weights  and  measures  shall  compare  all  weights 
bycom^risonIandseai- an(^  measures,  balances,  weighing  and  measuring  devices  used  in 
ing  of  weights  and  the  purchase  and  sale  of  commodities  with  the  copies  in  his  pos- 

measures  f  •    1   ,  1  11  5          •    «•  j 

weighing  and  meas- session.     Any  weights  and  measures,  balances,  and  weighing  and 

uring  devices,  etc.  .  ,  J   .         b.  ,  r    '    .      ,.       ,.   '  .* 

measunng  devices  having  a  device  for  indicating  or  registering  the 
price  as  well  as  the 'weight  or  quantity  of  commodities  shall  be 
tested  by  him  both  as  to  correctness  of  weight  or  quantity  and 
value  indicated  by  them;  such  sealer  shall  seal  such  weights  and 
measures,  balances  and  weighing  and  measuring  devices  as  shall 
be  tested  and  found  correct,  and,  after  ten  days  notice  in  writing 
to  the  owner,  shall  condemn  or  seize  such  as  are  found  to  be  incor- 
rect, and  shall  seal  such  weights  and  measures,  balances,  weighing 
and  measuring  devices  having  a  device  for  indicating  or  register- 
ing the  price  as  well  as  the  weight  or  quantity  of  commodities  only 
when  correct  both  in  indications  of  weight  or  quantity  and  value, 
and  shall  condemn  or  seize  such  in  which  the  graduations  or  indica- 

May  be  seized,  when  tions  are  f ound  to  be  false  or  inaccurately  placed  either  as  to  weight 
or  quantity  or  value. 

JSP'*9**  Whoever,  in  buying  or  selling  any  property,  or  directing  or  per- 
by  false  mating  an  employe  so  to  do,  knowingly  makes  or  gives  a  false  or 
short  weight  or  measure  or  whoever  has  charge  of  scales  or  steel- 
yards fixed  for  the  purpose  of  misweighing  an  article  bought  or  sold, 
or,  having  scales  or  steelyards  for  the  purpose  of  weighing  property, 
knowingly  reports  a  false  or  untrue  weight,  or  whoever  uses  in  the 
sale  of  a  commodity  a  computing  scale  or  device  indicating  the 
weight  and  price  of  such  commodity  upon  which  scale  or  device 
the  graduations  or  indications  are  false,  or  inaccurately  placed, 
either  as  to  weight  or  price,  shall  be  fined  not  more  than  fifty 
dollars. 


Ohio  361 


Whoever  sells  and  delivers  stone-coal  except  at  legal  weights   Sec  </* 
and  measures,  shall  be  fined  not  less  than  five  dollars  nor  more  thanuj*|rimg  stone  coai  by 
fifty  dollars  or  imprisoned  not  less  than  five  days  nor  more  than  measures 
thirty  days. 

Whoever,  in  selling  berries  or  other  small  fruits,  uses  a  measure   (       (rf<*) 
other  than  the  standard  dry  measure  bushel  or  a  fraction  thereof,    Measure8  for  small 
shall  be  fined  not  less  than  ten  dollars  nor  more  than  fifty  dollars.  *" 

Whoever,  being  a  commission  merchant,  miller,  dealer,  grain   §«?,•,  ^^  , 

&.  .  -,  ...  '  Sf  Miller,  grain  dealer, 

inspector,  corporation,  firm,  association  or  person,  or  an  officer,  etc.,  must  use  standard 

.r  £  •     •  i_  'half-bushel 

agent  or  employe  thereof  purchasing  or  receiving  wheat  in  barter 
or  exchange  for  flour,  or  otherwise,  from  the  original  producer, 
his  agent  or  employe,  for  testing  or  determining  the  weight,  grade, 
milling  or  market  value  thereof,  uses  a  measure  other  than  the 
standard  half  -bushel  or  uses  a  measure  that  is  a  fractional  part 
of  such  standard  half-bushel,  furnished  this  state  by  the  United 
States,  shall  be  fined  not  less  than  twenty-five  dollars  nor  more 
than  one  hundred  dollars  or  imprisoned  in  jail  not  more  than 
thirty  days,  or  both.  Fines  collected  under  this  section  shall  be 
paid  into  the  county  treasury  to  the  credit  of  the  county  fund. 

Whoever  makes,  sells  or  offers  to  sell  or  dispose  of,  or  has  in  his    ,        (rf^> 

.  .  Sec.  13112 

possession  with  intent  to  sell  or  dispose  of,  an  article  of  merchan-  0{Ma^ctu^  or  sale 

dise  marked,  stamped  or  branded  with  the  words  "sterling"  or  marked  S"sterm[g"ero? 

"sterling   silver,"    or   incased   or   inclosed   in   a   box,    package,"5 

cover,  wrapper  or  other  thing  having  thereon  an  engraving  or 

printed  label,  stamp,  imprint,  mark  or  trade-mark,  indicating  or 

denoting  that  such  article  is  silver,  sterling  silver  or  solid  silver, 

unless  nine  hundred  and  twenty-five  one-thousandths  parts  of  the 

metal  of  which  such  article  is  manufactured  is  pure  silver,  shall  be 

fined  not  more  than  one  hundred  dollars. 

Whoever  makes,  sells  or  offers  to  sell  or  dispose  of,  or  has  in  his   §ec-  ^."l 

.   ,     .  ,,  ,.  f  .  •    -,         f  Manufacture  or  sale 

possession  with  intent  to  sell  or  dispose  of,  an  article  of  merchan-  of   goods  M  improperly 
dise  marked,  stamped  or  branded  with  the  word  "coin"  or  "  coin  "coin6  silver"0 
silver,"  or  encased  or  inclosed  in  a  box,  package,  cover  or  wrapper 
or  other  thing,  having  thereon  an  engraving  or  printed  label, 
stamp,  imprint,  mark  or  trade-mark,  indicating  or  denoting  that 
such  article  is  coin  or  coin  silver,  unless  nine  hundred  one-thou- 
sandths parts  of  the  metal  of  which  such  article  is  manufactured 
is  pure  silver,  shall  be  fined  not  more  than  one  hundred  dollars. 

Whoever,  with  intent  to  defraud,  constructs  or  uses  a  false  meter   Sec  £**>"> 
for  measuring  and  registering  the  gas  consumed  under  a  contract  Ial^a^gmet0errs 
with  a  gas  company,  shall  be  fined  not  more  than  five  hundred 
dollars  or  imprisoned  not  more  than  thirty  days,  or  both. 

Whoever  puts  up  or  packs  goods  or  articles  sold  by  weight,  into    £?*%£6s'  z877) 
a  case  or  package,  and  fails  to  mark  thereon  the  gross,  tare  and   F.aij"re    to    ™» 

.    1^.1...  ,      .  .  „  ..    weights   on   packages; 

net  weights  thereof  in  pounds  and  fractions  thereof,  or,  with  transfer  of  brands;  re- 
intent  to  defraud,  transfers  a  brand,  mark,  or  stamp  placed  upon 


362  Laws  Concerning  Weights  and  Measures 

a  case  or  package  by  a  manufacturer,  to  another  case  or  package, 
or,  with  like  intent,  repacks  a  case  or  package  so  marked,  branded 
or  stamped  with  goods  or  articles  of  a  quality  inferior  to  those  of 
such  manufacturer,  shall  be  fined  not  more  than  five  hundred 
dollars  or  imprisoned  not  more  than  six  months,  or  both. 

Gen.  code.  1910,  p.     All  municipal  corporations  shall  have  the  general  powers  men- 
777    (1902,1908)        tioned  in  this  chapter,  and  council  may  provide  by  ordinance  or 

fmren'of  municipal  resolution  f or  the  exercise  and  enforcement  of  them. 
*°T™"°°w.  1908)         To  regulate  the  weighing  and  measuring  of  hay,  wood  and  coal, 
TO seke5faise weights,  and  other  articles  exposed  for  sale,  and  to  provide  for  the  seizure, 
«tc-  forfeiture  and  destruction  of  weights  and  measures,  implements 

and  appliances  for  measuring  and  weighing  which  are  imperfect  or 
liable  to  indicate  false  or  inaccurate  weight  or  measure,  or  which 
do  not  conform  to  the  standards  established  by  law  and  which  are 
known,  used  or  kept  to  be  used  for  weighing  or  measuring  articles 
to  be  purchased,  sold  or  exposed  for  sale. 

^Gen.  code,  1910.  p.     ^  manufacturer  of  flour  or  meal,  or  packer  of  meat,  butter,  lard 
g^    (1857)  or  other  packed  article  sold  by  weight,  under-marking  the  tare 

penalty  for  under-  upon  a  hogshead,  cask,  box  or  barrel,  or  part  thereof,  or  placing 

marking  tare  on  barrels    f  >  f  > 

of  flour,  etc.  thereon  a  less  quantity  than  that  marked  or  branded  thereon  as 

specified  by  law,  shall  forfeit  the  hogshead,  cask,  box  or  barrel,  or 
part  thereof,  and  half  the  contents  thereof.  One-fourth  of  such 
entire  contents  shall  go  to  the  party  injured,  prosecuting  the  case, 
with  such  other  damages  as  he  may  sustain,  and  the  other  fourth 
to  the  use  of  the  poor  of  the  township  where  the  conviction  is  had. 
The  residue  shall  be  accounted  for  to  such  manufacturer  or  packer, 
who  shall  be  notified  by  such  inspector.  Such  forfeiture  shall  not 
take  place,  nor  conviction  be  had,  when  the  light  weight  was 
occasioned  after  leaving  such  manufacturer  or  packer,  if  such 
packing  was  done  according  to  law. 

sec.  S9985a"l)  Flour  and  meal  shall  be  packed  in  well-made  barrels  of  seasoned 

w°elighbta"ndStare0foitimDer»  twenty-seven  inches  in  length,  when  finished,  with  a  cut 

^rrkld°the^n  to  be  nead  °f  seventeen  and  one-half  inches,  tightly  bound,  with  ten 
smart  hoops  or  six  flat  hoops  two  inches  broad,  secured  with  four 
nails  in  each  end  hoop,  and  three  nails  in  each  outward  bilge  hoop. 
Such  barrel  shall  contain  one  hundred  and  ninety-six  pounds  of 
flour  or  meal,  and  the  tare  thereof  shall  be  marked  on  the  head  of 
such  barrel  by  the  miller,  with  a  marking  iron.  The  weight  of  the 
flour  or  meal  shall  be  branded  on  the  barrel  with  a  branding  iron, 
to  be  provided  by  him  for  that  purpose.  *  *  * 
sec.  S?'rfc)j)  A  miller  or  mill  owner  shall  brand  or  cause  to  be  branded  on  the 

branded4  on  Barrel  o?head  of  each  barrel  or  side  of  each  sack  the  weight  and  quality  of 

sack  the  flour  or  meal  contained  therein,  and  the  initial  letter  of  his 

Christian  name  and  his  surname  in  full;  or  if  the  mill  is  owned  or 
operated  by  more  than  one  person,  then  the  name  of  such  persons 


Ohio  363 

or  such  company.  If  a  miller,  mill  owner  or  company  neglects  to 
so  brand  such  flour  or  meal,  or  packs  or  exposes  it  for  sale  in  a 
barrel  or  sack  of  a  less  quantity  or  poorer  quality  than  is  branded 
thereon,  he  or  they  shall  forfeit  and  pay  for  each  offense  ten  dollars  Penalty 
for  the  use  of  the  county,  and  be  liable  to  the  person  injured  in 
•double  the  amount  of  damages  sustained. 

Barrels  for  beef  or  pork  shall  be  made  of  sound,  well-seasoned   Sec.  £ol3°~l) 
white  oak  timber,  clear  of  sap  wood,  twenty-nine  inches  in  length,  be?feor^orif barrelsfor 
with  a  cut  head  of  seventeen  and  a  half  inches  in  diameter,  bound 
with  strong  hoops,  one-third  of  the  length  thereof,  at  each  end. 
When  packed  and  headed  up,  the  outward  hoop  on  each  end  shall 
be  secured  with  four  nails  of  suitable  size. 

Half  barrels  for  beef  or  pork  shall  be  made  of  sound,  well  sea-    |eeCg^Sion  haif-bar- 
soned  white  oak  timber,  clear  of  sap,  twenty-four  inches  in  length, rels  for  beef  or  ^ 
with  a  cut  head  fourteen  inches  in  diameter,  bound  with  hoops 
one-third  the  length  thereof,  at  each  end,  the  outward  hoops 
thereof  being  secured  with  at  least  three  nails  of  suitable  size. 

A  barrel  of  beef  or  pork,  packed  for  exportation,  shall  contain    weight 4of  barrel  of 
two  hundred  pounds  of  sound,  clean,  well  slaughtered  meat,  that beef  or  *>& 
is  well  fattened.     *     *     * 

When  linseed,  flaxseed  or  lard  oil  is  sold  by  the  barrel,  without   sec.^' /<?<5p) 
a  special  agreement  as  to  the  measurement  thereof,  the  standard  iin^eedhotii0etcgallon  °f 
for  linseed  or  flaxseed  oil  shall  be  seven  and  one-half  pounds  to  the 
gallon ;  and  for  lard  oil,  seven  and  two-fifths  pounds  to  the  gallon. 

Inspectors  shall  inspect  barrels  intended  for  linseed,  flaxseed  or   ?ec-  6o«8    . 

i  -i  j     1.    *          j=ii'  L    -      ±1  •    -i  *  r  Inspector    to    weigh 

lard  oil,  and,  before  filling  them,  ascertain  the  weight  thereof  and  empty  barrel  and  brand 
when  so  inspected  and  weighed,  mark  on  such  barrel  the  weight we  8  ' 
thereof  with  marking  irons,  provided  by  the  inspector  for  that 
purpose,  with  his  name  and  the  name  of  the  county. 

A  barrel  of  fish  shall  contain  two  hundred  pounds,  and  a  package   Sec  6o[I687*') 
or  vessel,  being  or  purporting  to  be  a  fractional  part  of  such  barrel,    what  barrel  of  ash 
shall  contain  a  like  fractional  part  of  two  hundred  pounds  net,  of s 
fish,  exclusive  of  salt,  brine  and  package.     A  barrel  or  other  vessel 
of  fish  packed  or  sold  in  this  state,  shall  have  the  number  of  pounds 
contained  therein  distinctly  branded  upon  the  head  thereof. 

Manufacturers  of  salt  shall  have  it  sufficiently  drained,  and  <*to) 

packed  in  good  barrels  made  of  good,  sound,  seasoned  timber;  the    Nect  Height  to  be 
head  and  bilge  hoops  to  be  nailed  with  not  less  than  four  nails  in  £dtrke 
each  hoop.     The  head  shall  be  bored  with  a  metallic  instrument 
not  less  than  one  inch  in  size.     The  name  of  the  manufacturer 
shall  be  distinctly  branded  on  the  head  thereof.     Salt  sold  at  the 
manufactory  shall  be  marked  with  the  net  weight  in  figures, 
directly  under  the  name,  with  good,  durable  paint. 

A  manufacturer  refusing  to  comply  with  the  next  preceding  sec- 
tion  shall  forfeit  for  each  offense  the  sum  of  fifty  cents  per  barrel, 
to  be  collected  by  any  person  in  a  civil  action. 


364  Laws  Concerning  Weights  and  Measures 

sec  6o(2844)  The  inspector  of  salt  shall  regulate  the  tare  of  barrels  as  follows: 

HOW  ta're  of  salt  bar -karreis  weighing  less  than  three  hundred  pounds  shall  be  tared  at 
thirty  pounds;  barrels  weighing  over  three  hundred  and  less  than 
four  hundred,  shall  be  tared  at  thirty-five  pounds;  and  barrels 
weighing  over  four  hundred  pounds  shall  be  tared  at  forty  pounds. 
Butter  and  lard  shall  be  packed  in  tight  and  well  seasoned  firkins 
kegs,  on  each  of  which  shall  be  marked  with  a  marking  iron,  the 
tare  and  net  weight  of  the  contents  thereof.  *  *  * 

i^ar/d  net  weight     Casks  containing  biscuits,  packed  for  exportation,  shall  be  of  a 
to  bemarked on  biscuit  iike  siZQ  an(j  quaiity  as  those  specified  for  flour  in  this  chapter,  and 
the  tare  and  net  weight  shall  be  marked  thereon  with  a  marking 
iron.     *    *    * 

sec.  6o38ons  Pot  and  pearl  ashes,  subject  to  inspection,  shall  be  placed  in  bar- 

andtarenoSfpotandpearirels  of  well  seasoned  white  oak  or  white  ash,  hooped  with  substan- 
tial hoops  for  at  least  ten  inches  from  each  end,  the  staves  not  to  be 
more  than  thirty-one  inches  nor  less  than  thirty  inches  in  length. 
The  head  of  a  pot  ash  barrel  shall  not  exceed  nineteen  inches,  and 
that  of  a  pearl  ash  barrel,  twenty-one  inches  in  diameter;  and  no 
barrel  shall  be  tared  less  than  fifty-six  pounds.  Barrels  weighing 
fifty-six  pounds  or  more  shall  be  so  tared.  An  inspector  of  pot 
and  pearl  ashes  shall  empty  the  barrels  containing  them  brought 
to  him  for  inspection,  examine  and  determine  the  quality,  and 
repack  and  brand  the  head  of  each  barrel  as  prescribed  in  this 
chapter. 

sec  6o395<5z)  Manufacturers  of  soap  and  candles  shall  mark  upon  each  package 

weight  to  be  marked  or  box  thereof  offered  for  sale  the  name  of  the  manufacturer,  and 

on  packages  of  soap  and  .  .  .-,  .,  0    .      ,       M  <     , 

candies  the  net  weight  avoirdupois  of  the  contents  thereof,  in  legible  letters 

and  figures.  A  manufacturer  neglecting  or  refusing  to  comply 
with  the  provisions  of  this  section  or  placing  in  such  box  or  package 
a  less  quantity  than  is  marked  or  branded  thereon  shall  forfeit  one 
dollar  for  each  offense  and  pay  the  costs  of  prosecution.  For- 
eitures  collected  hereunder  shall  be  paid  into  the  treasury  of  the 
county  in  which  they  are  collected. 

sec  63(349°8)  ^e  ^a^e^  on  Pamt  so*d  by  measure  shall  show  the  net  measure 

Net  weight  andof  the  contents  of  the  container,  and  on  paint  sold  by  weight,  the 

measure  to  be  marked  .    •,  ,       f  , .,  o   , , 

on  packages  of  paint     net  weight  of  the  contents  of  the  package. 

Whoever  violates  any  provision  of  law  relating  to  the  labeling 
of  paints,  mixed  paints  and  similar  compounds  or  white  lead  by 
manufacturers  or  distributors  thereof,  shall  be  fined  not  more  than 
fifty  dollars,  and  for  each  subsequent  offense  shall  be  fined  not 
less  than  fifty  dollars  nor  more  than  one  hundred  dollars,  or  im- 
prisoned not  less  than  thirty  days  nor  more  than  one  hundred  days, 
or  both. 

code,  19io.  P.     £ach  persoilj  fij^  or  corporation  desiring  to  sell  or  offer  for  sale 
within  this  state  any  feed  stuffs  shall  furnish  with  each  car  load 


Ohio  365 


or  quantity  in  bulk  thereof,  or  affix  to  each  package  thereof  in  a   ^'^  •  IQo8) 
conspicuous  place  thereon,   a  plainly  printed  certificate  of  the  on^8W  to  be  marked 
number  of  net  pounds  in  each  car  or  quantity  in  bulk,  or  in  each 
package,  the  name  or  trade  mark  under  which  it  is  sold,  the  name 
of  the  manufacturer  or  shipper,  the  place  of  manufacture  and  a 
chemical  analysis  of  the  product  to  be  sold    *    *    * 

Each  person,  firm  or  corporation  who  manufactures,  sells  or  offers  (ot*fe?P^fxi. 
for  sale  in  the  state  a  commercial  fertilizer,  which  means  any  ^^  ^^  ^  mtgM 
substance  for  fertilizing  or  manurial  purposes,  except  barn  yard  bylaws,  i9u.  P.  iis, 
manure,  marl,  lime  and  plaster,  shall  affix  to  each  package  in  a  fertilizer  to  bear 

1  .    «i   -•  .«.  c  i    •    i  •    j     j  statement  of  net  weight 

conspicuous  place  on  the  outside  thereof,  a  plainly  printed  cer- 
tificate which  shall  state  the  number  of  net  pounds  contained 
therein,  the  name,  brand  or  trade  mark,  under  which  it  is  sold, 
or  offered  for  sale,  the  name  of  the  manufacturer,  with  his  or  its 
postoffice  address.  *  *  * 

Food,  drink,  flavoring  extracts,  confectionery  or  condiment  shall    Gen-  °(^)910 
be  misbranded  within  the  meaning  of  this  chapter:     *    *     *.          What7i35misbrandin8 

3.  If  in  package  form,  and  the  contents  are  stated  in  terms  of  of  food,  etc. 
weight  or  measure,  they  are  not  plainly  and  correctly  stated  on 
the  outside  of  the  package;     *    *     *. 

Whoever  uses  a  standard  measure  of  milk  or  cream  other  than  27^en-  Code>  I9IO>  p> 
that  which  is  defined  in  this  section,  where  milk  or  cream  is  pur-    Sec  I2^°4) 
chased  by  or  furnished  to  creameries  or  cheese  factories  and  where  .  ,penf  lty,  fo.r  use  0| 

J  .  .  .,,  -  false  standard  measure 

the  value  of  such  milk  or  cream  is  determined  by  the  per  cent  of  for  muk  or  cream 

butter  fat  contained  therein  by  the  Babcock  test,  shall  be  fined 

not  less  than  twenty-five  dollars  nor  more  than  one  hundred 

dollars.     In  the  use  of  the  Babcock  test  the  standard  milk  meas- 

ures or  pipettes  shall  have  a  capacity  of  17.6  cubic  centimeters  and 

the  standard  test  tubes  or  bottles  for  milk  shall  have  a  capacity  of 

two  cubic  centimeters  for  each  ten  per  cent  marked  on  the  necks 

thereof.     The  standard  unit  of  cream  for  testing  shall  be  eighteen 

grams. 

Whoever  offers  for  sale  or  sells  a  milk  pipette  or  measure,  test   p^^3fol  s^e  Of 
tube  or  bottle  which  is  not  correctly  marked  or  graduated  as  pro-  falsely  marked  pipette 
vided  in  the  next  preceding  section,  shall  be  fined  not  less  than 
twenty-five  dollars  nor  nore  than  one  hundred  dollars. 

The  Chief  inspector  of  mines  and  each  district  inspector  shall  I£ea-  Code>  I9IO>  p> 
receive  his  necessary  and  legitimate  traveling  and  other  expenses,  (/*7*/*$'  /**•$•  l888' 
incurred  in  the  discharge  of  his  duties,  not  to  exceed  sixty-five  dol-  sec.  904  ' 

*t_         TA        •      J  £  Purchase  of  weights, 

lars  for  any  month.  Itemized  statements  of  such  expenses  ap-etc. 
proved  by  the  chief  inspector,  shall  be  filed  with  the  auditor  of 
state.  The  expenses  incurred  in  the  purchase  of  weights,  meas- 
ures, and  all  instruments  and  chemical  tests,  for  use  in  the  discharge 
of  their  duties,  shall  be  paid  on  the  certificate  of  the  chief  inspector, 
from  the  contingent  fund  provided  for  his  use. 


366  Laws  Concerning  Weights  and  Measures 

(/let  I808 *' t885'  '9Io)     The  district  inspectors  of  mines  are  hereby  invested  with  all  the 
Deu»es7and  compen-  powers  and  authority  of  county  auditors,  as  sealers  of  weights  and 

sation  of  district  inspec- ^  i      »«         i-rc  !•  r  ±i.-  T? 

tors  of  mines,  as  sealers  measures  in  the  different  counties  of  this  state,     .bor  services  per- 
IS"  formed  as  such  sealers,  they  shall  receive  the  same  compensation 


ure 


as  county  auditors  when  acting  as  county  sealers,  but  shall  exercise 
such  authority  in  connection  with  weights  and  measures  only  at 
mines  in  their  respective  districts. 

Gen'  Co^)9I°  ^e  standard  or  unit  of  measure  for  the  sale  of  illuminating  gas 

sec.9j26  by  meter  shall  be  the  cubic  foot,  containing  sixty-two  and  three 

Illuminating      gas;     *  .,  .  . 

unit  of  measure  hundred  twenty-one  one-thousandth  pounds  avoirdupois  weight 
of  distilled  or  rain  water,  weighed  in  air,  of  the  temperature  of 
sixty-two  degrees  Fahrenheit's  scale,  the  barometer  being  at 
twenty-nine  and  one-half  inches. 

Sec    (I867)  No  meter  shall  be  set  unless  it  is  tested  by  a  meter-prover,  sealed 

Mete9r3s27to  be  sealed  and  stamped  as  hereinafter  provided.     A  company  authorizing  the 

and  stamped  .  ..  ,.  ,,         .  •         •*.          i_  11  r 

penalty  for  failure  to  setting  of  a  meter,  or  allowing  it  to  be  used  by  a  consumer  of  gas, 
without  being  so  sealed  and  stamped,  shall  forfeit  and  pay  not  less 
than  twenty-five  nor  more  than  one  hundred  dollars,  to  be  recov- 
ered upon  the  complaint  of  such  consumer,  in  the  name  of  the  state, 
before  any  court  of  competent  jurisdiction. 

sects'  I8QI)  ^  ^e  exPense  °f  the  gas  companies  of  this  state,  there  shall  be 

Gas  companies  to  fur-  provided  by  the  state  sealer  of  weights  and  measures,  at  the  Ohio 

nish  certain  apparatus   f  •  •*.  jj  c  4.1.  i*      «  1 

state  university,  a  standard  measure  of  the  cubic  foot,  and  such 
other  apparatus  as  in  his  judgment  is  necessary  for  the  performance 
of  his  duties  under  this  chapter. 

vSec.^t  '  I9o8)  Meters  in  use  shall  be  tested  on  the  request  of  the  consumer,  in 

Meters;  testing  of  his  presence,  if  desired,  with  a  meter-prover,  tested  and  sealed  as 
provided  by  law,  by  an  officer  or  servant  of  the  company.  If  the 
meter  be  found  to  be  correct,  and  it  shall  be  deemed  correct  if  there 
be  no  greater  variation  than  three  per  cent,  the  party  requesting 
the  inspection  shall  pay  a  fee  of  twenty-five  cents,  and  the  expense 
of  removing  it  for  the  purpose  of  being  tested.  The  re-inspection 
shall  be  stamped  on  the  meter.  If  proved  incorrect,  no  fees  or 
expense  shall  be  paid  by  the  consumer,  and  the  company  shall  fur- 
nish a  new  meter  without  charge  to  the  consumer.  No  gas  com- 
pany shall  charge  rent  for  meters. 


OKLAHOMA 

If  any  person  with  intent  to  defraud,  use  a  false  balance,  weight   i£*|kJawSi I909 
or  measure,  in  the  weighing  or  measuring  of  anything  whatever  J^^nswelshts  and 
that  is  purchased,  sold,  bartered,  shipped  or  delivered  for  sale  or 
barter,  or  that  is  pledged,  or  given  in  payment,  he  shall  be  pun- 
ished by  a  fine  not  exceeding  one  hundred  dollars  nor  less  than  five   Fine 
dollars,  or  by  imprisonment  in  the  county  jail  not  more  than  thirty 
days,  or  by  both  such  fine  and  imprisonment,  and  shall  be  liable 
to  the  injured  party  in  double  the  amount  of  damages. 

Every  person  who  retains  in  his  possession  any  weight  or  meas-    Intention  is  punish- 
ure,  knowing  it  to  be  false,  unless  it  appears  beyond  a  reasonable able 
doubt  that  it  was  so  retained  without  intent  to  use  it,  or  permit  it 
to  be  used  in  violation  of  the  last  section,  shall  be  punished  as 
therein  provided. 

Every  person  who  is  authorized  or  enjoined  by  law  to  arrest  May te6 seized 
another  person  for  violation  of  the  first  two  sections  of  this  article, 
is  equally  authorized  and  enjoined  to  seize  any  false  weights  or 
measures  found  in  the  possession  of  the  person  so  arrested,  and  to 
deliver  the  same  to  the  magistrate  before  whom  the  person  so 
arrested  is  required  to  be  taken. 

The  magistrate  to  whom  any  weight  or  measure  is  delivered,    f^26^  tested  and 
pursuant  to  the  last  section,  shall,  upon  examination  of  the  accused,  destroyed 
or  if  the  examination  is  delayed  or  prevented,  without  awaiting 
such  examination,  cause  the  same  to  be  tested  by  comparison  with 
standards  conformable  to  law;  and  if  he  finds  it  to  be  false,  he  shall   ] 
cause  it  to  be  destroyed,  or  to  be  delivered  to  the  district  attorney 
of  the  county  in  which  the  accused  is  liable  to  indictment  or  trial, 
as  the  interests  of  justice  in  his  judgment  require. 

Upon  the  conviction  of  the  accused,  such  district  attorney  shall   iha'n26be  destroyed, 
cause  any  weight  or  measure  in  respect  whereof  the  accused  stands  when 
convicted,  and  which  remains  in  the  possession  or  under  the  control 
of  such  district  attorney,  to  be  destroyed. 

Every  person  who  knowingly  marks  or  stamps  false  or  short    |u^9lng  iaise 
weight,  or  false  tare  on  any  cask  or  package,  or  knowingly  sells  ^eights  or  false  tare 
or  offers  for  sale  any  cask  or  package  so  marked  is  guilty  of  a 
misdemeanor. 

A  ton  of  hay  shall  consist  of  two  thousand  pounds;  or,  by   f 
measurement,  three  hundred  and  forty-three  cubic  feet,  after  the 

367 


368 


Sec.  8888 
Perch  of  stone 


Laws,  1910 

Sec.  i 

Bushel  weights 


Laws  Concerning  Weights  and  Measures 

same  shall  have  been  stacked  thirty  days,  or  such  time  as  may  be 
agreed  upon  between  the  parties. 

A  perch  of  mason  work,  or  stone,  is  hereby  declared  to  consist 
of  twenty-five  feet  cubic  measure. 

Whenever  the  articles  hereinafter  named  shall  be  sold  by  the 
bushel,  and  no  agreement  as  to  weights  or  measures  thereof 
shall  be  made  by  £he  parties,  the  bushel  shall  consist  of  the  follow- 
ing number  of  pounds,  viz.  :l 


Salt 80 

Mineral  coal 80 

Corn  in  shuck 72 

Corn,  unshelled 70 

Wheat 60 

Beans 60 

Peas 60 

Split  peas 60 

Irish  potatoes 60 

Clover  seed 60 

Alfalfa    and    alsike    (or    Swedish) 

seed 60 

Onions 57 

Rye 56 

Corn,  shelled 56 

Flax  seed 56 

Green  peas  (unshelled) 56 

Kaffir  corn 56 

Sweet  potatoes 55 

Buckwheat 52 

Carrots 50 

Rutabagas 50 

Corn  meal 50 

Millet ..  50 

Sorghum  seed 50 

Rape 50 

Barley 48 


Apples 48 

Peaches 48 

Pears 48 

Cucumbers 48 

Hungarian  grass  seed 48 

Broom  corn  seed 48 

Castor  beans 46 

Tomatoes 45 

Timothy  seed 45 

Parsnips 44 

Hemp  seed 44 

Common  turnips 42 

Bermuda  grass  seed 40 

Malt 38 

Osage  orange  seed 36 

Dried  peaches 33 

Oats 32 

Cotton  seed 32 

Top  onion  sets 28 

Dried  apples 24 

Peanuts 22 

Bran 20 

Blue  grass  seed 14 

Red  top  seed 14 

Orchard  grass  seed 14 

Coke 22,68o 

Charcoal 2  2,680 


A  ton  shall  consist  of  two  thousand  (2000)  pounds  of  the  article 
or  commodity  named. 

.  Laws,  1909  The  office  of  public  weigher  is  hereby  established  and  consti- 
^f1' "' p'  49  tuted  one  of  the  regular  county  officers  for  the  several  counties 
Ucweigh*r0ffll  !0fpub"of  this  State,  and  all  persons  elected  to  such  office  at  the  general 
election  held  in  1907,  are  hereby  declared  to  be  public  weighers  for 
their  respective  counties  and  shall  hold  their  offices  until  the 
expiration  of  the  terms  of  the  county  officers  elected  at  said  elec- 
tion. *  *  *  At  the  general  election  in  1908,  and  each  two 
years  thereafter,  the  qualified  voters  of  the  county  shall  elect 
some  person  to  such  office  and  the  term  of  such  office  shall  expire 
at  the  time  of  the  expiration  of  other  county  officials. 

No  person  shall  be  eligible  to  the  office  of  public  weigher  who 
is  not  at  the  time  of  his  appointment  or  election  a  legal  voter, 
resident  in  his  county. 


Sec.  1828 
Who  eligible 


1  For  convenience  in  printing  a  slight  change  has  been  made  In  arrangement  of  these  articles. 
*  Cubic  inches  per  bushel. 


Oklahoma 


369 


Depu^  weighers 


Sec.  1831 
Office,  etc. 


The  public  weigher  may  appoint  one  or  more  deputies  in  each 
precinct  of  his  county,  which  deputy  shall  have  all  the  powers 
conferred  upon  the  public  weigher,  and  shall  be  answerable  to  all 
the  penalties  prescribed  for  the  violation  of  this  Act;  *  *  * 
Deputy  weighers  shall  be  confined  in  their  jurisdiction  to  the 
limits  of  their  respective  precincts.  They  shall  keep  a  record  of 
their '  transactions  as  herein  prescribed  for  the  public  weigher, 
which  record  shall  be  open  at  all  times  to  public  inspection;  Pro- 
vided further,  all  deputy  weighers  appointed  under  the  provisions 
of  this  Act  shall,  before  entering  upon  the  duties  of  their  offices, 
be  approved  by  the  board  of  county  commissioners. 

The  public  weigher  shall  hold  an  office  at  the  county  seat,  said 
office  being  provided  by  such  public  weigher  at  his  own  expense, 
and  he  shall  also  provide  his  own  record  books,  blanks,  stationery, 
and  in  no  event  shall  the  State  of  Oklahoma  become  liable  for  any 
of  the  expenses  incurred  in  the  operation  of  the  office  of  public 
weigher.  All  books,  reports,  or  other  records  in  the  office  of  such 
public  weigher,  or  of  any  deputy  weigher,  shall  be  delivered  to 
their  successors  in  office.  All  public  weighers  and  all  deputy 
weighers  shall  provide,  at  their  expense,  by  purchase,  or  lease,  all 
scales,  essential  for  conducting  their  business,  and  in  no  event,  scales  to  be  provided 
shall  the  State  of  Oklahoma  become  liable  for  the  cost  thereof. 

It  shall  be  the  duty  of  the  sheriff  of  each  county,  in  person  or  by  fgy^32  to  lns  ect 
his  regular  deputies,  to  inspect  and  test  all  scales  used  by  the  scales  used  by  weigher 
public  weigher  or  any  deputy  weigher  and  such  scales  shall  be 
tested  with  the  United  States  standard  weights,  and  such  sheriff 
shall  place  his  seal  upon  all  such  tested  scales,  at  a  conspicuous 
place,  which  seal  shall  be  prima  facie  evidence  of  such  test,  and 
such  test  shall  be  made  once  each  three  months,  upon  all  scales  so 
used,  and  said  sheriff  shall  make  a  report,  in  writing,  setting  forth 
the  date  of  such  test,  the  result  thereof,  and  specifying  the  scales, 
so  tested,  together  with  the  name  of  the  public  weigher,  or  deputy 
weigher,  using  such  scales,  and  where  the  same  are  located.  Such 
report  shall  be  filed  in  the  office  of  the  county  clerk  within  five  days 
after  the  inspection  is  made.  Said  sheriff  or  the  deputy  making 
such  test,  shall  verify  each  report  so  filed,  stating  that  the  same  is 
a  correct,  true  and  exact  report  of  the  condition  of  the  scales  men- 
tioned therein,  and  any  failure  upon  the  part  of  the  sheriff  to  com- 
ply with  the  provisions  of  this  section  shall  be  a  misdemeanor  and 
upon  conviction  shall  subject  such  offending  official  to  a  fine  of 
not  less  than  ten  nor  more  than  one  hundred  dollars,  for  each  scale 
so  omitted  from  inspection  and  any  sheriff  making  a  misstatement 
of  facts,  or  who  reports  any  scale  to  be  in  a  condition  other  than 
their  true  condition,  shall  be  deemed  guilty  of  false  swearing,  and 

8578°— 12 24 


Violation;  penalty  for 


37O  Laws  Concerning  Weights  and  Measures 

upon  conviction  shall  be  punished  by  imprisonment  in  the  peni- 
tentiary for  not  less  than  one,  nor  more  than  two  years;  Provided, 
however,  that  a  sheriff  or  any  deputy  sheriff  shall  receive  as  corn- 
Fees  for  inspecting  pensation  for  inspecting  any  public  scales  of  any  such  public 

public  scales  .    .  .  \          j_i.  r  j    11        r  tf 

weigher,  or  deputy  weigher,  the  sum  of  one  dollar  for  each  scale 
inspected;  and  Provided,  further,  that  if  as  many  as  five  citizens 
sign  a  written  request  to  the  sheriff  designating  any  public  scale 
and  asking  for  an  official  inspection  thereof,  such  sheriff  shall 

special  test  oi  scales  comply  with  such  request  and  make  such  inspection  and  test  at  any 
time,  not  oftener,  however,  than  once  each  thirty  days,  and  the 
fees  allowed  for  such  special  inspection  and  test  shall  be  the  same 
as  above  provided. 

Duties^  It  shall  be  the  duty  of  every  public  weigher  or  deputy  weigher 

within  his  county  to  receive,  inspect,  and  weigh  according  to  the 
standard  weights  of  the  United  States,  all  cotton,  grain,  of  every 
kind,  live  stock,  hay,  cotton  seed,  coal,  wood,  broom  corn,  and  all 
other  farm  products  sold  by  weight,  and  such  articles  shall  be 
weighed  by  such  weigher,  in  the  order  in  which  they  are  received, 
and  he  shall  at  the  time  of  such  weighing  make  a  record  in  dupli- 
cate form,  either  upon  a  stub  attached  or  by  a  carbon  duplicate 
sheet,  such  records  to  be  in  a  binding,  and  kept  for  future  reference. 
Such  record  shall  contain  a  statement  as  to  the  article,  its  gross  and 
net  weight,  its  condition  and  the  date  of  its  weighing,  together 
with  the  description  of  any  marks,  brands,  or  other  peculiarity 
essential  to  the  complete  description  thereof.  A  copy  of  such 
entry  shall  be  furnished  the  person  applying  for  such  weights. 
Said  statement  of  the  record  of  each  weight  shall  be  signed  by  the 
official  weigher,  and  all  such  weights  when  so  made  by  the  public 
weigher  shall  be  taken  as  the  legal  weight  of  any  commodity  men- 
tioned in  this  section. 

sec.^834  A  public  weigher,  or  any  deputy  weigher,  shall  receive  for  his 

services  in  weighing  any  article,  the  following  schedule  of  fees: 
Ten  cents  for  each  load  or  draft  weighed  separately:  Provided,  such 
public  weigher  shall  not  be  allowed  compensation  for  any  extra 
weighing  which  may  be  essential  in  determining  the  net  weight  of 
any  article  or  load.  The  public  weigher,  or  any  deputy  weigher,  shall 
be  allowed  and  is  hereby  granted  a  lien  upon  any  article  or  product 
weighed  for  the  fees  above  mentioned,  and  such  fee  shall  attach  to 
and  follow  such  article  into  the  hands  of  the  purchaser,  and  shall 
not  be  barred  or  canceled  by  any  sale  or  transfer  of  such  article 
during  the  day  upon  which  article  is  weighed.  Provided,  That 
the  deputy  weighers  shall  be  allowed  to  retain  as  their  compensa- 
tion the  sum  of  eight  cents  for  each  load  or  draft  weighed  separately 
the  residue  of  the  price  allowed  hereunder  shall  be  paid  by  the 
deputies  to  the  county  weigher  at  the  close  of  the  month.  The 


Oklahoma  371 

books  and  records  of  all  county  weighers  or  deputy  weighers  shall 
at  all  times  be  open  to  inspection  by  any  citizen. 

The  purchaser  of  an  article,  weighed  upon  the  official  scales  of  weights  are  official; 
any  public  weigher  or  deputy  weigher,  shall  receive  and  accept  Provis° 
such  weights  as  official  and  correct;  Provided,  nothing  herein  shall 
prevent  the  purchaser  and  seller  of  cotton  or  other  products  from 
agreeing  upon  the  proper  dockage  of  the  cotton  or  article  sold, 
which  may  be  net,  and  no  other  person  shall  hold  themselves  out  as 
a  public  weigher.  No  person  shall  be  appointed  as  county  weigher 
or  deputy  weigher  or  weigh  for  the  public  who  is  in  any  wise  inter- 
ested as  a  dealer  or  speculator,  or  as  an  agent  or  employee  of  any 
firm,  company  or  corporation,  in  the  sale  or  purchase  of  cotton, 
grain,  live  stock,  hay,  cottonseed,  coal,  broom-corn,  and  all  other 
farm  products  sold  by  weight;  provided,  that  wherever  and  when- 
ever cattle  are  bought  or  sold,  either  for  shipment  or  slaughter,  and 
the  buyer  or  seller  shall  so  demand,  such  cattle  shall  be  weighed  by 
the  public  weigher,  the  fee  to  be  paid  equally  by  the  seller  and  pur- 
chaser. At  all  places  where  cattle  are  bought  and  sold  either  for 
slaughter  or  shipment,  the  public  weigher  shall  provide  a  safe  and 
sufficient  inclosure  around  his  scales,  so  that  cattle  can  be  weighed 
in  lots  of  five  or  more  at  one  draft.  Any  person  or  persons,  firm  or 
corporation,  who  shall  violate  any  of  the  provisions  of  Section  ten 
of  this  act  [this  section],  shall  be  liable  to  the  public  weigher  for 
damages  in  a  sum  not  to  exceed  five  dollars,  for  each  load  or  draft 
so  unlawfully  weighed,  to  be  recovered  in  any  court  having  com- 
petent jurisdiction  thereof;  Provided,  that  nothing  in  the  pro- 
visions of  this  act  shall  be  construed  so  as  to  prohibit  any  farmer  or 
producer  from  weighing  his  own  products.  Provided,  further,  that 
this  act  shall  not  be  construed  as  to  require  the  weighing  of  vege- 
tables, poultry,  eggs  or  dairy  products.  Provided,  further,  that 
the  sheriff  or  his  deputy  shall  have  the  same  authority  for  regulat- 
ing all  scales  either  public  or  private  if  they  be  used  to  weigh  for 
the  public,  either  with  or  without  hire. 

Any  public  weigher  or  deputy  weigher  violating  any  of  the  pro-    fg^jSw 
visions  of  this  act,  or  refusing  to  receive  and  weigh  any  commodity 
herein,  or  who  incorrectly  weighs  the  same  shall  be  deemed  guilty   Fraudulently  increat- 
of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not  less  than  tag  welght 
$10,  nor  more  than  $100,  in  the  discretion  of  the  court;  if  con- 
victed in  the  district  court,  may  be  removed  from  [office]  and  any 
person,  either  a  purchaser  or  dealer,  in  any  of  the  commodities 
weighed  upon  such  private  scales  who,  with  intent  to  cheat  or  de- 
fraud any  person,  firm  or  corporation  with  plates,  sand  packs,  false 
packs  or  water  packs,  in  cotton,  or  uses  any  device,  trick  or  scheme 
for  the  purpose  of  obtaining  false  weights  to  his  advantage,  or  to 
the  disadvantage  of  any  person,  firm  or  corporation,  and  every 


372  Laws  Concerning  Weights  and  Measures 

ginner  of  cotton  or  other  person  who  is  a  party  to  such  defrauding, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  fined  in  any  sum  not  less  than  $10,  nor  more  than  $100,  and  upon 
the  second  conviction  any  such  person  shall  be,  in  addition  to  said 
fine,  confined  in  the  county  jail  not  less  than  thirty  (30)  nor  more 
than  one  hundred  and  twenty  (120)  days.  Any  public  weigher  or 
deputy  weigher,  or  any  other  person  who  knows  of  the  perpetration 
of  any  such  deception  or  fraud,  shall  make  a  report  thereof  to  the 
grand  jury  of  his  county,  and  if  it  be  the  public  weigher,  or  the 
deputy  weigher,  he  shall  file  a  written  report  with  the  records  of 
his  office,  setting  forth  the  facts,  naming  the  person  guilty  of  such 
deception,  and  the  failure  to  so  report  shall  subject  the  party  or 
weigher  to  a  fine  of  not  less  than  five  ($5)  nor  more  than  twenty- 
five  ($25)  dollars.  Any  person,  firm  or  corporation,  who  in  viola- 
tion of  provisions  of  this  act  weigh  any  of  the  products  mentioned 
herein  for  other  persons,  and  who  exact  or  receive  any  charges 
therefor,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  fined  not  less  than  ten  ($10)  nor  more  than  one 
hundred  ($100)  dollars;  Provided,  however,  that  any  person,  firm, 
or  corporation  may  weigh  any  product  for  any  other  person;  Pro- 
vided, such  person,  firm  or  corporation  so  weighing  is  a  bona  fide 
purchaser  of  such  product,  but  no  charges  shall  be  made  or  received 
for  such  weighing,  under  the  penalty  aforesaid,  and  provided  fur- 
ther, that  this  shall  not  be  construed  to  prevent  any  person  or 
dealer  from  weighing  their  own  products. 

comp.  Laws,  1909,  P.     The  council  may  prescribe  rules  for  the  weighing  and  measur- 
32sec.  691  ing  of  every  commodity  sold  in  the  city,  in  all  cases  not  otherwise 

welghf9Uand  Measures  provided  for  by  law,  and  may  provide  for  the  inspection  and 
weighing  of  hay,  grain  and  coal,  the  measuring  of  wood  and  fuel, 
and  determine  the  place  or  places  of  the  same,  and  regulate  and 
prescribe  the  place  or  places  of  exposing  for  sale,  hay,  coal  and 
wood,  and  fix  the  fees  and  duties  of  the  persons  authorized  to  per- 
form the  duties  named  in  this  section. 

(Applicable  to  cities  of  the  first  class.)1 
sec.  2476  Every  person  who,  in  putting  up  or  pressing  any  bundle  of  hay 

Omitting  to  mark  hav  r  1      *  •,  ,     ,1  *  • 

tor  market,  omits  to  put  the  number  of  pounds  in  each  bundle  or 
bale  so  put  up,  for  which  he  sells  or  offers  to  sell  it,  is  guilty  of  a 
misdemeanor. 

tacrea4s7mg  the  weight  Every  Person  who  bY  putting  up  in  any  bag,  bale,  box,  barrel  or 
of  barrels,  boxes,  etc.  other  package,  any  hops,  cotton,  hay  or  other  goods  usually  sold  in 
bags,  bales,  barrels  or  packages,  by  weight,  puts  in  or  conceals 
therein  anything  whatever  for  the  purpose  of  increasing  the 
weight  of  such  bag,  bale,  box,  barrel  or  package,  is  punishable  by 
a  fine  of  twenty-five  dollars  for  each  offense. 

1  Cities  of  2,000  population  or  more  may  become  cities  of  the  first  class  upon  petition  of  35  per  cent  of 
electors. 


Oklahoma  373 

It  shall  be  the  duty  of  all  ginners  or  gin  owners  in  this  state  to  chc°f  p"  Laws>  I909> 
brand  and  number  and  place  thereon  the  weight  of  each  bale  of   S^VSM 

,  ,,      .  ,.  .  *       *       S  Cotton  to  be  branded, 

COtton  ginned  at  their  respective  gins.       *       *       *  numbered,  and  weight 

marked 

Any  person,  firm,  company  or  corporation  operating  a  gin 
within  this  state  who  shall  fail  to  comply  with  the  provisions  of  this 
act  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall 
be  fined  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars 

The  term  concentrated  commercial  feedings  stuffs,  as  herein  .Sess-  Laws-  I9i°-". 

cn.  113,  p.  247 

used,  shall  include  wheat  bran,  wheat  shorts,  linseed  meals,  cotton   l^centrated    com 

seed  meals,  pea  meals,  cocoanut  meals,  gluten  meals,  gluten  feeds,  merciai feeding  stuffs— 

maize  feeds,  starch  feeds,  sugar  feeds,  dried  brewer's  grain,  maltwl 

sprouts,  hominy  feeds,  cereal  feeds,  corn  and  oat  chops,  corn 

chops,  rice  meals,  rice  bran,  rice  polish,  rice  hulls,  alfalfa  meals, 

oat  feeds,  ground  beef  or  mixed  fish  feeds  and  all  other  materials 

of  similar  nature  not  included  in  section  i  of  this  act. 

The  term  concentrated  commercial  feeding  stuffs  as  herein  used   $«^*  what  eicluded 
shall  not  include  hay  and  straw,  the  whole  seed  or  grains  of  wheat, 
barley,  rye,  oats,  indian  corn,  rice  buckwheat,  or  broom  corn  or 
any  other  whole  or  unground  grain  or  seed. 

Every  lot  or  parcel  of  concentrated  commercial  stuffs  as  defined   |^  3      ^  ^  ^ 
in  section  i,  of  this  act,  used  for  feeding  farm  live  stock,  sold, tobe marked 
offered  or  exposed  for  sale  in  the  State  of  Oklahoma  for  use  within 
this  state,  shall  have  printed  on  a  tax  tag,     *     *     *     a  plainly 
printed  statement  clearly  and  truly  certifying : 

(a)  The  number  of  net  pounds  of  feeding  stuff  in  the  package; 

(d)  The  name  and  address  of  the  manufacturer  or  importer; 

5JC          5jJ          5jC 

It  shall  be  unlawful  for  any  mine  owner,  lessee,  or  operator  of  Io^omp- Laws>  I909> p- 
coal  mine  in  this  state  employing  miners  who  are  paid  by  the  °|«^433i 
quantity  of  coal  mined  by  them  to  use  any  other  than  a  recognized  weighing  n«we;  pen- 
standard  scale  or  to  pass  the  out  put  of  coal  mined  by  said  miners, a" 
over  any  screen  or  any  other  device  until  the  same  shall  have  been 
weighed  and  duly  credited  to  the  miner  sending  the  same  to  the 
surface  and  accounted  for  at  the  legal  rate  of  weights,  as  fixed  by 
the  law  of  Oklahoma ;  *     *     *  '  and  any  owner,  agent  or  operator 
of  any  coal  mine  in  this  state  who  shall  knowingly  violate  any  of 
provisions  of  this  section,  shall  be  guilty  of  a  misdemeanor,  and, 
upon  conviction  shall  be  punished  by  a  fine  of  not  less  than  two 
hundred  nor  more  than  five  hundred  dollars  for  each  offense,  or 
by  imprisonment  in  the  county  jail  for  a  period  of  not  less  than 
sixty  days  nor  more  than  six  months  or  by  both  such  fine  and  im- 
prisonment, proceedings  to  be  instituted  in  any  court  having  com- 
petent jurisdiction. 


374 


rights  oi 


Laws  Concerning  Weights  and  Measures 

oath  of  The  weighmen  employed  at  any  mine  shall,  before  some  person 
authorized  to  administer  oaths,  take  and  subscribe  to  the  oath 
(or  affirmation)  as  prescribed  by  the  constitution,  to  do  justice  be- 
tween the  employer  and  employee  and  to  weigh  truly  and  correctly 
the  output  of  coal  from  the  mines  as  herein  provided. 

The  miners  employed  by  or  engaged  in  working  for  any  mine 

*  "/•  •  ••*•  -1111  < 

owner,  operator  or  lessee  of  any  mine  in  this  state,  sha.ll  have  the 
privilege,  if  they  desire,  of  employing  at  their  own  expense,  a 
check  weighman,  who  shall  have  equal  rights,  powers,  and  privi- 
leges in  the  weighing  of  coal  as  the  regular  weighman,  who  shall 
subscribe  to  the  same  oath  (or  affirmation)  as  regular  weighman. 
Said  oath  or  affirmation  shall  be  kept  conspicuously  posted  in  the 
weigh  office,  and  any  regular  weigher  of  coal  or  person  so  em- 
ployed, who  shall  knowingly  violate  any  of  the  provisions  of  this 
article,  or  any  owner,  operator,  or  agent  of  any  coal  mine  in  this 
state  who  shall  forbid  or  hinder  miners  employing  or  using  check 
weighman,  in  the  discharge  of  his  duties,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  fined  not  less  than  one 
hundred  ($100)  dollars,  nor  more  than  five  hundred  dollars  for 
each  offense,  or  by  imprisonment  of  not  less  than  thirty  days  nor 
more  than  six  months,  proceedings  to  be  instituted  in  any  court 
having  competent  jurisdiction.  Whenever  the  commissioner  of 
labor  shall  be  satisfied  that  the  provisions  of  this  section  have  been 
so  violated  it  shall  be  his  duty  to  prosecute  the  person  or  persons 
guilty  thereof,  and  upon  conviction  therefor  shall  be  punished  as 
provided  in  this  section. 

Every  owner,  operator  or  agent  of  any  coal  mine  in  this  State 
employing  miners  at  bushel  or  ton  rates,  shall  provide  at  such  mine 
or  mines  accurate  and  suitable  scales,  of  standard  manufacture, 
upon  which  shall  be  accurately  weighed  all  coal  coming  out  of  such 
mine  or  mines  before  being  screened  or  placed  in  railroad  cars;  and 
scale  or  scales  to  be  located  at  a  reasonable  distance  from  the  point 
where  the  coal  is  delivered  to  the  surface  opening  of  the  mine  or 
mines;  and  any  owner,  agent,  operator,  person  or  persons,  having 
or  using  any  scale  or  scales  for  the  purpose  of  weighing  the  product 
of  the  miner's  labor,  and  so  arranges  or  constructs  said  scale  or 
scales,  or  by  any  contrivance  therewith  connected  causes  any 
Fraudulent  weighing  fraudulent  weighing  of  such  coal  or  said  product,  or  who  shall 
knowingly  resort  to,  permit  or  employ  any  person  or  means  what- 
ever, by  reason  of  which  said  product  of  the  miners'  is  not  cor- 
rectly weighed  and  reported  in  accordance  with  the  true  weight 
and  the  provision  of  this  article,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  upon  conviction  for  each  and  every  offense 
be  punished  by  a  fine  of  not  less  than  two  hundred  ($200.00)  dol- 
lars, nor  more  than  five  hundred  ($500.00)  dollars,  or  by  imprison- 


standard  scales 


Oklahoma 


375 


merit  in  the  county  jail  for  a  period  of  not  less  than  sixty  (60)  days 
nor  more  than  six  (6)  months,  or  by  both  such  fine  and  imprison- 
ment, at  the  discretion  of  the  court. 

The  chief  mine  inspector  or  assistant  mine  inspector,  shall  be  nsen  of  mine 
ex-officio  inspector  of  weights,  measures  and  scales  used  at  coalscales 
mines,  and  he  or  either  of  them  is  hereby  empowered  and  it  shall 
be  his  or  their  duty  to  test  all  scales,  correctly  measure  the  weight 
of  such  coal,  and  if  defects  or  irregularities  are  found,  and  such 
scales  which  prevent  correct  weights  and  measurements  the  in- 
spector shall  call  the  attention  of  the  mine  owner,  agent,  or  oper- 
ator to  said  defects,  and  shall  direct  the  same  be  at  once  properly 
adjusted  and  corrected,  and  if  the  owner,  agent  or  operator  of  any 
coal  mine  in  this  state  shall  refuse  to  put  such  scales  in  proper 
adjustment  and  condition,  so  that  the  same  shall  correctly  weigh 
the  coal,  after  being  notified  by  the  inspector  to  do  so,  such  owner, 
agent,  or  operator  shall  be  deemed  guilty  of  a  misdemeanor  for 
each  offense  and  upon  conviction  therefor  shall  be  fined  not  exceed-  Penalt7 
ing  five  hundred  dollars  or  be  confined  not  exceeding  six  months 
in  the  county  jail,  or  both  in  the  discretion  of  the  court,  and  it  shall 
be  the  duty  of  the  prosecuting  attorneys  in  their  respective  coun- 
ties to  prosecute  any  person,  firm,  or  corporation,  violating  the 
provisions  of  this  section,  the  same  as  in  other  misdemeanor  cases. 

*     *     *     All  scales  used  for  the  weighing  of  property  in  public   feTIs  oaws>  I909 
warehouses  shall  be  subject  to  examination  and  test  by  any  duly   P«biicso  warehouse 

,  i        .        ,   .  ,  J  ft  1        •  J         ,      scales  tested 

authorized  inspector,  the  expense  of  such  tests  by  inspector  to  be 
paid  by  the  warehouse  man  where  scales  are  so  tested,  and  no  scales 
shall  be  used  for  the  weighing  of  grain  after  being  found  incorrect, 
until  put  in  order  and  found  accurate  and  approved  for  further  use 
by  an  authorized  inspector. 

A  violation  of  any  of  the  preceding  provisions  of  this  act    *    *    *    vioialion;    misde- 
by  any  warehouseman,  owner,  lessee,  manager  or  employee  ofmeanor 
public  warehouses  created  by  this  act  is  declared  a  misdemeanor, 
and,  upon  conviction  thereof,  the  violators  shall  be  fined  not  less 
than  one  thousand  nor  more  than  five  thousand  dollars,  one-fourth 
of  such  fine  to  be  awarded  and  paid  to  the  informer  of  such  mis- 
demeanor. 

Whenever  any  coal  is  shipped  over  any  common  carrier  from ,  c°mpx  Laws,   1909 

•    A        -.LI   •       j-i        e-\A  P  7-^1  11.  •  ,      (Snyder),  ch.  9,  art  5, 

any  point  within  the  State  of  Oklahoma  to  any  other  point  within  P-  m 

the  said  State,  the  common  carrier  transporting  such  coal  shall   BUI  ofiading  for  coal 

issue  a  bill  of  lading  stating  the  true  weight  of  the  coal  so  trans- to  show  weight 

ported. 

When  said  coal  arrives  at  its  destination,  the  said  carrier  shall   loai  wtighed  at  des- 
cause  the  same  to  be  weighed  at  that  point,  provided  it  has  scales  ""P"" 

,,,..,  ...  y,          •  .      1      n  .<  Liability  for  shortage 

at  that  point,  and  if  not,  then  it  shall  cause  said  coal  to  be  weighed 
at  the  nearest  track  scales  on  its  line  between  the  point  of  shipment 


376  Laws  Concerning  Weights  and  Measures 

and  the  point  of  destination,  and  if  the  weight  of  said  coal  at  the 
point  of  delivery  is  less  than  the  weight  set  out  in  the  bill  of  lading, 
the  carrier  delivering  to  the  consignee  shall  be  liable  to  the  con- 
signee for  all  deficiencies  in  weight,  less  the  natural  shrinkage, 
which  shall  not  exceed  one  per  cent  for  a  one  hundred  and  fifty  mile 
haul  or  less  and  one  and  one-half  per  cent  on  more  than  a  one  hun- 
dred and  fifty  mile  haul;  and  the  measure  of  damage  of  the  con- 
signee for  such  deficiency  or  shortage  shall  be  the  value  of  the  defi- 
ciency if  the  freight  has  not  been  paid ;  and  in  weighing  cars  of  coal 
they  shall  be  detached  from  the  train  and  in  the  event  the  loss  or 
shortage  does  not  occur  on  the  delivering  line,  the  carrier  deliv- 
ering to  the  consignee  shall  be  entitled  to  recover  from  the  carrier 
upon  whose  line  the  loss  or  shortage  occurred,  such  amount  for 
the  loss  or  shortage  as  the  carrier  delivering  to  the  consignee  may 
be  required  to  pay  to  the  consignee  as  may  be  evidenced  by  any 
receipt,  judgment,  or  transcript  thereof, 
sec- 485  In  case  any  coal  shipped  shall  be  carried  over  the  lines  of  the 

Connecting  lines  •'.  .  ..  .  1111 

connecting  carriers,  the  carrier  receiving  said  coal  shall  cause  the 
correct  weight  thereof  to  be  placed  in  the  bill  of  lading,  and  such 
coal  shall  be  re  weighed  when  delivered  to  the  connecting  carrier, 
and  the  value  of  the  coal  at  the  point  of  destination  shall  be  the 
measure  of  damages. 

ieftisai  to  weigh-,  In  case  the  carrier  shall  fail  or  refuse  to  weigh  said  coal  at  its 
consignee  may  weigh,  destination  or  at  the  nearest  track  scales  to  the  point  of  destination 
between  said  point  and  the  point  of  shipment,  the  consignee  may 
weigh  said  coal  and  his  weights  shall  be  prima  facie  evidence  of 
the  amount  of  coal  received,  and  the  carrier  shall  be  liable  in 
damages  as  set  out  in  this  act  for  any  shortage  between  the  actual 
quantity  received  at  the  point  of  destination  and  the  amount 
named  in  the  bill  of  lading;  Provided,  that  if  the  consignee  shall 
have  the  coal  weighed  at  the  point  of  destination,  on  other  than 
track  scales,  an  allowance  of  ten  pounds  per  ton  shall  be  deducted 
from  the  weight. 

Refusal  to  weigh          Any  agen"t,  servant  or  employee  of  any  carrier  who  shall  fail  or 
penalty  refuse  to  weigh  any  coal  at  its  point  of  destination,  or  shall  know- 

ingly or  wilfully  make  false  weights  of  such  coal,  or  in  case  there 
are  no  track  scales  at  the  point  of  destination,  at  the  nearest  track 
scales  passed  in  its  transit,  from  its  point  of  shipment,  such  agents, 
servants  or  employees  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars  nor  more 
than  one  hundred  dollars,  or  be  imprisoned  not  less  than  thirty 
days  nor  more  than  sixty  days  or  both  such  fine  and  imprisonment, 
into  state  Whenever  any  coal  shall  be  brought  into  this  state  by  any  car- 
rier where  the  point  of  shipment  is  outside  of  the  State,  the  same 


Oklahoma  377 

shall  be  weighed  by  the  carrier  at  the  nearest  track  scales  within 
the  state  to  the  State  line,  and  after  being  so  weighed,  as  to  its 
further  carriage  all  of  the  provisions  of  this  act  shall  apply  thereto 
in  the  same  manner  as  if  the  shipment  originated  within  this  State. 

In  case  any  contention  shall  arise  between  the  consignee  and    sec.  489 
the  carrier  in  regard  to  the  shortage  of  coal  on  any  car,  the  car  shall  shortage6  °f 
be  weighed  first  while  loaded  and  then  the  empty  car  shall  be 
weighed  again  and  the  actual  gross  and  net  weights  shall  be  ascer- 
tained, and  the  stencil  weight  of  any  car  marked  thereon  shall  not 
be  taken  in  any  case  as  a  true  weight  of  said  car. 

The  State  Board  of  Agriculture  shall  be  charged  with  the  duties <-M?CSS-  *<a™s<  w°> 

£         £         •  •    •  r  , ,   •  Chap.  32,  p.  46 

of  enforcing  the  provisions  of  this  act.  sec.  i 

Mill  products  hereinafter  mentioned  shall  have  the  following  to  enforce** gr 
standard  weights:    Barrels  of  flour,  in  wood,  one  hundred  and   Itandard weights 
ninety-six  (196)  pounds  net;  half  barrels,  in  wood,  ninety-eight 
(98)   pounds  net;  one-fourth  barrels,   in  sacks,  forty-eight   (48) 
pounds    gross;  one-eighth    barrels,    in    sacks,    twenty-four    (24) 
pounds  gross.     Corn  meal,  in  sacks,  thirty-five  (35)  pounds  gross; 
half   sacks,  seventeen  and   one-half   (17%)    pounds    gross;  one- 
fourth  sacks,  eight  and  three-fourths   (8|^)  pounds  gross.     And 
all  feed  made  from  cereals  of  any  kind,  whether  pure,  mixed,  or 
adulterated,  one  hundred  (100)  pounds  per  sack  gross. 

The  correct  name  and  true  weight  of  the  contents  of  each  and  fj«j£  and  weight 
every  barrel,  box,  sack,  bale,  cask  or  package  of  any  of  the  fore-  stamped  on  package 
going  products,  whether  sold  in  single  packages  or  lots,  shall  be 
plainly  marked,  branded,  or  stenciled  in  letters  and  figures,  not 
less  than  two  (2)  inches  in  length  and  not  less  than  one-eighth 
(>1j)  of  an  inch  in  width,  upon  the  exterior  of  such  barrel,  box, 
sack,  bale,  cask  or  package/  in  a  conspicuous  place  on  the  head 
in  case  of  barrel,  and  the  front  or  branded  side  in  case  of  sacks, 
bales  or  packages,  and  it  shall  be  unlawful  for  any  person,  firm 
or  corporation,  or  the  agent,  employee,  or  representative  of  any 
firm  or  corporation  to  sell  or  exchange  any  such  product  so  packed 
or  contained  until  the  provisions  hereof  have  been  complied  with. 

If  any  person  shall  knowingly  violate  the  provisions  of  this  act,    Sec 
he  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof   violation 
shall  be  fined  in  any  sum  not  less  than  twenty-five  dollars  ($25.00) ,    Penalty 
nor  more  than  one  thousand  dollars  ($i  ,000.00) ,  and  each  violation 
shall  be  deemed  a  separate  offense,  which  fine  or  fines  shall  be   separate  offense 
recovered  in  any  court  of  competent  jurisdiction,  without  bond  or 
advance  costs. 

Any  manufacturer,  dealer  or  other  person  who  shall  impede,    ^4uCtln    las 
obstruct,  hinder  or  otherwise  prevent  or  attempt  to  prevent  any  tore 
inspector  or  other  person  in  the  performance  of  his  duty  in  connec- 


378  Laws  Concerning  Weights  and  Measures 

tion  with  this  act  shall  be  guilty  of  a  misdemeanor  and  shall,  upon 
conviction,  be  fined  not  less  than  twenty-five  dollars  ($25.0x3),  nor 
more  than  one  hundred  dollars  ($100.00). 
I6?-6  Any  member  of  the  Board  of  Agriculture  shall  have  the  privi- 

Seizure   ol   products  J        .    .  i        u   •      -i  •          . 

lor  violation  lege  of  seizing  any  mill  product  and  cereal  sold  in  the  state  in  vio- 

lation and  contravention  of  the  provisions  of  this  act,  and  may 
proceed  by  writ  of  provisional  seizure  against  the  mill  products 
and  cereals  so  sold  in  the  hands  of  whomsoever  they  may  be  and 
wheresoever  he  may  find  them,  regardless  of  the  residence  of  the 
owner  thereof  to  recover  the  fines  and  penalties  due  for  the  illegal 
sale  thereof,  by  presenting  a  petition  to  a  competent  judge  or  magis- 
trate, within  whose  jurisdiction  said  mill  products  and  cereals  are 
found,  stating  on  oath  at  the  foot  of  the  petition  the  amount  and 
nature  of  the  demand,  the  mill  products  or  cereals  on  which  the 
privilege  exists,  and  praying  that  the  mill  products  and  cereals  be 
seized  to  satisfy  the  claim  and  pay  the  costs  of  the  suit. 


OREGON 


estab- 


The  weights  and  measures,  together  with  the  scales  and  beams,    Bellinger  and  cot- 
and  those  made  in  conformity  therewith,  which  are  now  or  may^^^^^2;™^2' 
hereafter  be  deposited  in  the  treasury  of  this  state,  shall  be   l 
preserved  by  the  treasurer  and  be  the  public  standards  in  thislished 
state. 

The  treasurer  of  the  state  shall  be  the  sealer  of  weights  and   Treasurer  of  state  to 
measures,  and  he  shall  have  and  keep  a  seal,  which  shall  be  sobesealet' 
formed  as  to  impress  the  word  "Oregon"  upon  the  weights  and 
measures,  scales  and  beams,  to  be  sealed  by  him,  with  which  he 
shall  seal  all  such  authorized  public  standards  of  weights  and 
measures,  and  all  the  weights  and  measures,  scales  and  beams,  to 
be  provided  by  the  several  counties  when  examined  by  said 
treasurer  and  found  to  be  in  conformity  with  the  standard  weights 
and  measures,  scales  and  beams,  aforesaid. 

When  any  commodity  shall  be  sold  by  the  hundredweight,  it   Sec-*61^ 

1      11    i_  j  j     j.  j.i.  L  •    -L.J-       r  1_        j      J     Hundredweight 

shall  be  understood  to  mean  the  net  weight  of  one  hundred 
pounds  avoirdupois;  and  all  contracts  concerning  goods  or  com- 
modities sold  by  weight  shall  be  construed  accordingly,  unless 
such  construction  would  be  manifestly  inconsistent  with  the 
special  agreement  of  the  parties  contracting. 

Whenever  wheat,  rye,  Indian  corn,  oats,  barley,  clover  seed,   |^4^0of  bushel 
buckwheat,  dried  apples,  dried  peaches,  potatoes,  or  pears  shall  be 
sold  by  the  bushel,  and  no  special  agreement  as  to  the  measure  or 
weight  thereof  shall  be  made  by  the  parties,  the  measure  thereof 
shall  be  ascertained  by  weight  and  shall  be  computed  as  follows  :  ' 


Wheat  

Lbs.  per  bush. 
60 

Buckwheat  

Lbs.  per  bush. 
42 

Clover  seed  

60 

Dried  apples  

28 

Rye.  .. 

*6 

Peaches  

28 

Indian  corn  

"?6 

Potatoes  

60 

Oats  

32 

Apples.  . 

4.e 

Barley.  . 

46 

Pears.  .. 

A* 

The  half  bushel  and  parts  thereof  shall  be  the  standard  measure 
for  charcoal,  fruits,  and  other  commodities  customarily  sold  by 
heaped  measure,  and  in  measuring  such  commodities,  the  half 
bushel  or  other  smaller  measure  shall  be  heaped  as  high  as  may  be 
without  special  effort  or  design. 

1  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  these  articles. 

379 


380  Laws  Concerning  Weights  and  Measures 

sec.  4622  A  hop  box  shall  be  thirty-six  inches  long,  thirty  inches  deep,  and 

Dimensions  of  a  hop  *  ...         .       .  «  j       t_    11 

boi  eighteen  inches  wide,  measurement  upon  the  inside,   and  shall 

contain  nineteen  thousand  four  hundred  and  forty  (19,440)  cubic 
inches. 
Sscml8feise  wei  nts      ^  anY  Person  snau  knowingly  use  any  false  weight  or  measure, 

etc.81"  'and  shall  thereby  defraud  or  otherwise  injure  another,  or  shall 

knowingly  mark  or  stamp  a  false  weight  or  measure  or  false  tare 
upon  any  cask  or  package,  or  shall  knowingly  sell  or  offer  for  sale 
any  cask  or  package  so  marked,  such  person,  upon  conviction 
thereof,  shall  be  punished  by  imprisonment  in  the  county  jail  not 
less  than  one  month  nor  more  than  one  year,  or  by  fine  not  less  than 
fifty  nor  more  than  five  hundred  dollars. 

^  Laws,  1905,  ch.  137.     Tnat  a  box  of  hops  for  picking  purposes  shall  contain  fifty  pounds 

"'wight  of  hops        weiSht  and  no  more- 
sess.  Laws,  i9it,  ch.     There  is  hereby  created  and  established  a  standard  size  for  apple 

I2vS«.'i68  boxes  for  the  State  of  Oregon. 

The  standard  size  of  an  apple  box  shall  be  eighteen  inches  long, 
eleven  and  one  half  inches  wide,  ten  and  one  half  inches  deep, 
inside  measurement. 
s^cl&i  size  of  DOT        That  tne  special  size  of  apple  boxes  shall  be  twenty  inches  longr 

eleven  inches  wide,  and  ten  inches  deep,  inside  measurement. 
iT^'asT™' I9XI>  ch'     It  S^a^  be  unlawful  for  any  person,  firm,  association,  or  corpo- 
s'ec.  3  ration  to  sell,  offer  or  expose  for  sale  any  short  weight  butter 

Butter,  full  weight  of  within  the  State  of  Oregon.     All  butter  sold,  or  exposed  or  offered 

roll,  print  or  square  re- ..  ,  ,,  .     J  ..,  .       .,        ,->,.     ,         f  f\  i      it 

quired  for  sale  in  rolls,  prints  or  squares  within  the  State  of  Oregon  shall 

quired1""  *" be  plainly  narked,  "eight  ounces,  full  weight,"  "sixteen  ounces, 

full  weight,"  "twenty-four  ounces,  full  weight,"  or  "thirty-two 
ounces,  full  weight,"  and  every  roll,  print  or  square  sold,  or  offered 
or  exposed  for  sale  shall  contain  the  number  of  ounces  marked 
violation; penalty  thereon;  and  any  person,  firm,  association  or  corporation  violating 
any  of  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  conviction  thereof  shall  be  punished  by  a  fine  of 
not  less  than  $25.00  nor  more  than  $100.00,  or  by  imprisonment  in 
the  county  jail  for  not  less  than  thirty  days  nor  more  than  six 
months,  or  both  such  fine  and  imprisonment. 

^  Laws,  1905,  ch.  209.      Every  square  or  roll  of  butter  kept  exposed  or  offered  for  sale  or 

weight  of  butter      so^  m  ^e  state  of    Oregon  shall  contain  not  less  than  eight 

ounces,  sixteen  ounces,  or  thirty-two  ounces,  and  each  square  or 

roll  shall  be  plainly  marked  with  the  number  of  ounces  they  contain. 

^Laws,  1907,  ch.  io,  (a)  j£veiy  Jot,  parcel,  or  package  of  commercial  fertilizers  or 
fertilizers;  weight  to  materials  to  be  used  for  manurial  purposes  (excepting  the  excreta 

be  marked  on  package  of  domestic  animals)  sold,  offered  or  exposed  for  sale  within  this 
state,  the  selling  price  of  which  exceeds  $5  per  ton,  shall  be 
accompanied  by  a  plainly  printed  label,  stating  the  name,  brand 
and  trade  mark,  if  any  there  be,  under  which  the  fertilizer  is  sold, 


Oregon  381 

also  the  number  of  net  pounds  of  fertilizer  contained  in  the  pack- 
ages, the  name  and  address  of  the  manufacturer,  importer  or 
dealer,  the  place  of  manufacture  *  *  *  . 

Any  party  selling,  offering,  or  exposing  for  sale,  any  commercial 
fertilizer  without  the  statement  required  by  section  one  of  this  act, 
or  with  a  label  stating  that  said  fertilizer  contains  a  larger  percent- 
age of  any  one  or  more  of  the  constituents  mentioned  in  said  sec- 
tion than  is  actually  contained  therein,  except  as  provided  for  in 
section  four,  or  respecting  the  sale  of  which  all  the  provisions  of 
this  act  have  not  been  fully  complied  with,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  before  any  court  of 
competent  jurisdiction,  shall  forfeit  and  pay  to  the  state  of 
Oregon  the  sum  of  one  hundred  ($100)  dollars  for  every  such 
violation. 

*  *     *     f?or  the  purpose  of  this  act  an  article  shall  be  deemed  n  L^s-  I9°7-  <*•  I6?« 

*  •  i         1    1 

to  be  misbranded  Sec.  2 

Misbranded  food 

3d.  If  in  package  form,  and  the  contents  are  stated  in  terms  of 
weight  or  measure,  they  are  not  plainly  and  correctly  stated  on  the 
outside  of  the  package  or  container  in  English  words. 

It  shall  be  unlawful  for  the  owner,  manager,  agent,  or  any    Laws,  i9os.  P.  3ss 
employe  of  a  creamery,  cheese,  or  condensed  milk  factory  to   Babcock  test,  false 

•        i     ,  i  «  j   AI        T»    i_          i  determination  by,  un- 

mampulate,  or  under-read  or  over-read  the  Babcock  test,  or  anyiawfui 
other  contrivance  used  for  determining  the  quality  or  value  of 
milk  or  cream,  or  to  make  any  false  determination  by  said  Babcock 
test  or  otherwise. 


PENNSYLVANIA 


No  state  office  shall  be  continued  or  created  for  the  inspection   Const"(^;)m 
or  measuring  of  any  merchandise,  manufacture,  or  commodity;   fngpe2c7tion  of  mer. 
but  any  county  or  municipality  may  appoint  such  officers,  when  chandise 
authorized  by  law. 

That  the  establishment  of  a  Bureau  of  Standards  be  and  is  hereby    ™.  Laws,  i9n.  P. 
authorized,  in  the  Department  of  Internal  Affairs  of  Pennsylvania,  "sec.  i 

F.I  <•  1    <  •  -i  •     i     •     •  'f  11     Bureau  of  standards 

for  the  purpose  of  regulating  and  maintaining  a  uniform  standard    Department  of  inter- 
of  legal  weights  and  measures  in  this  Commonwealth,  to  conform nal  Afiai 


Legal    weights 
measures 


and 


Duties 


with  the  original  standards  of  weights  and  measures  adopted  by 
Congress,  and  verified  by  the  National  Bureau  of  Standards;  and 
to  assist  in  securing  the  enforcement  of  laws  relating  to  sealers  of 
weights  and  measures,  now  in  force  or  that  may  hereafter  be 
enacted. 

That  as  soon  as  practicable  after  the  final  passage  and  approval  §gy  of 
of  this  act,  the  Secretary  of  Internal  Affairs  shall  appoint  a  com-  of  standards 
petent  person  to  serve  as  Chief  of  the  Bureau  of  Standards,  whose 
duty  it  shall  be  to  have  custody  of  the  State  standards  of  weights 
and  measures;  shall  compare,  test,  and  regulate  all  weights  and 
measures  of  all  city  and  borough  sealers  now  in  office,  or  who  may 
hereafter  be  appointed,  in  the  Commonwealth  of  Pennsylvania, 
with  the  State  standards  when  presented  at  his  office  for  that  pur- 
pose; shall  certify  to  their  correctness  by  affixing  his  official  stamp 
thereto,  with  his  name  and  date  of  examination  clearly  marked 
thereon;  shall  preserve  in  his  office  an  appropriate  record  of  serv- 
ices rendered  and  work  performed  by  him,  or  under  his  direction, 
in  pursuance  of  this  act;  shall  file  in  his  office  annual  and  other 
reports  received  from  the  local  sealers  ;  and  shall,  on  or  before  the 
thirtieth  day  of  November  in  each  year,  submit  a  report  in  writing 
to  the  Secretary  of  Internal  Affairs,  for  publication  as  a  separate 
document  in  book  form,  setting  forth,  in  sufficient  detail,  the  work 
done  in  said  bureau  and  the  work  reported  to  him  by  the  local 
sealers,  together  with  such  other  matter  relating  to  that  subject  as 
may  be  deemed  of  value  and  interest  to  the  citizens  of  this  Com- 
monwealth. The  chief  of  said  Bureau  of  Standards  shall  receive 
a  salary  of  two  thousand  dollars  per  annum,  payable  as  other 
employees  of  said  Department  are  now  paid,  and  all  necessary 

383 


bureau 


Annual  report 


Salary 


-584  Laws  Concerning  Weights  and  Measures 

expenses  incurred  in  the  discharge  of  his  official  duties  under  this 
act.  The  Secretary  of  Internal  Affairs  may  assign  such  additional 
assistance,  from  the  clerical  force  of  his  department,  to  the  work 
of  said  bureau  as  he  may  find  necessary  from  time  to  time. 

sec.  3  That  in  order  to  carry  this  act  into  effect,  it  shall  be  the  duty  of 

^d  clpTctty811''  the  Secretary  of  Internal  Affairs  of  this  Commonwealth  to  procure, 
as  soon  as  practicable  after  the  passage  of  this  act,  a  complete  set 
of  standards  of  weight,  length,  and  capacity,  to  be  verified  by  the 
Bureau  of  Standards  of  the  United  States  Government,  and  to 
conform  with  the  standards  of  weight,  length,  and  capacity  estab- 
lished  by  the  National  Congress,  at  a  cost  not  exceeding  the  sum 
of  two  thousand  five  hundred  dollars,  to  be  paid  for  on  warrant  of 
the  Auditor  General,  out  of  funds  of  the  State  Treasury,  which 
sum  is  hereby  specifically  appropriated  for  that  purpose,  or  so 
much  thereof  as  may  be  necessary. 

The  Board  of  Public  Grounds  and  Buildings  are  hereby  required 
to  furnish  a  suitable  room  or  rooms,  in  the  State  Capitol  Building, 
for  the  safekeeping  and  convenient  use  of  said  standards  of  weights 
and  measures  and  for  office  use  of  said  Bureau  of  Standards. 

§«•  s  That  the  sum  of  three  thousand  six  hundred  dollars  is  hereby 

n*xpenscs  .  , 

Appropriation  specifically  appropriated  for  traveling  and  other  contingent 
expenses  of  said  Bureau  of  Standards,  for  the  two  years  commenc- 
ing June  first  one  thousand  nine  hundred  and  eleven,  or  so  much 
thereof  as  may  be  necessary. 

DfceT?  so72Purdon  s     The  standard  of  liquid  measure  shall  be  the -gallon,  to  contain 
' ^  (1834)  two  hundred  and  thirty-one  cubic  inches,  of  the  standard  aforesaid, 

Measures  of  capacity  and  no  more;  and  the  standard  of  dry  measure  shall  be  the  bushel, 
to  contain  two  thousand  one  hundred  and  fifty  cubic  inches  and 
forty-two  hundredths  of  a  cubic  inch,  of  the  standard  aforesaid, 
and  no  more. 

iteniard  gallon  and      ^  shall  De  tne  duty  of  the  governor  to  procure,  within  three  years 

bushel  after  the  passage  of  this  act,  for  the  use  of  this  commonwealth,  a 

standard  gallon  and  bushel,  to  conform  to  the  provision  of  section 

second  of  this  act,  the  material  of  said  standard  to  be  of  cast  brass. 

HoV'standards  to  be      ^-t  s^a^  ^e  lawlul  for  the  governor  of  this  commonwealth,  when 
verified  he  shall  deem  it  expedient,  to  have  tested  the  conformity  of  said 

positive  standards  of  measure  and  weight  to  the  foregoing  pro- 
visions of  this  act,  or  to  the  natural  invariable  standards  hereinafter 
provided;  and  if  congress  shall  at  any  time  hereafter  establish 
standards  of  weight  and  measure,  the  standards  aforesaid  shall  be 
made  to  conform  thereto.1 

ds  to  be  fur-      Jt  sha1^ be  the  ^ty  °* the  governor  to  provide,  within  three  years 
omnties       after  the  passage  of  this  act,  for  each  of  the  counties  of  this  Com- 
monwealth, at  the  charge  of  the  counties  respectively,  positive 

1  See  P.  L.,  1911,  act  842,  sec.  i,  p.  383,  this  work. 


Pennsylvania 


385 


Sec 


to  Procure 


standards  of  measures  of  length,  of  capacity  and  of  weight  of  the 
several  denominations  in  common  use  or  such  of  them  as  may  be 
necessary  for  the  accurate  and  convenient  adjustment  of  weights 
and  measures,  said  standards  to  be  of  approved  construction  care- 
fully compared  with  the  State  standards  aforesaid,  and  made  of 
the  same  material,  and  having  caused  the  same  to  be  duly  stamped, 
to  have  them  delivered  to  the  commissioners  of  the  counties  re- 
spectively, to  be  used  as  standards  for  the  adjusting  of  weights  and 
measures  and  for  no  other  purpose. 

It  shall  be  the  duty  of  the  commissioners  of  the  respective  coun- 
ties,  at  least  once  in  every  ten  years  and  oftener  if  they  have  reason  tlon.  «nd  renewal 
to  believe  it  necessary,  to  cause  the  standards  of  the  respective 
county  to  be  examined  and  tried  and  if  necessary,  to  be  corrected 
or  renewed  according  to  the  standards  of  the  Commonwealth  here- 
tofore referred  to. 

The  governor  of  this  commonwealth  be  and  he  is  hereby  author- 
ized  to  have  prepared  standards  of  weight,  measure  and  capacity, 
specified  in  the  act  of  assembly,  passed  April  I5th,  1834;  and  he 
be  authorized  to  carry  into  effect  the  provisions  of  the  said  act  as 
soon  as  practicable. 

The  secretary  of  the  commonwealth  be  authorized  and  directed 
to  procure,  as  soon  as  practicable,  suitable  cases  for  the  standards 
of  weights  and  measures  now  in  his  office,  1  and  to  prescribe  and 
publish  the  terms  upon  which  standards,  of  approved  construction, 
carefully  compared  with  the  state  standards  aforesaid,  shall  be 
furnished  to  the  commissioners  of  the  several  counties  of  the  com- 
monwealth, according  to  the  directions  of  the  act  of  I5th  of  April 
1834,  entitled  "An  act  to  fix  the  standards  and  denominations  of 
measures  and  weights  in  the  commonwealth  of  Pennsylvania." 

The  original  standards  of  weights  and  measures  furnished  by 
the  United  States,  and  now  in  the  office  of  the  secretary  of  the 
commonwealth,1  shall  remain  in  the  case  provided  for  that  pur- 
pose, which  shall  only  be  opened  under  the  direction  of  the  gov- 
ernor or  the  said  secretary,  for  the  sole  purpose  of  comparing  such 
standards  with  the  copies  hereinafter  described,  unless  by  a  joint 
resolution  of  the  two  houses  of  the  legislature,  or  on  the  call  of 
either  house,  or  by  permission  of  the  governor,  for  scientific 
purposes. 

Copies  of  such  original  standards,  for  general  use,  to  be  made 
of  such  materials  as  the  governor  and  the  said  secretary  shall  £!£t?esto  the  8everal 
direct,  shall  be  transmitted  by  them,  on  application  therefor,  to 
the  county  commissioners  of  each  county  in  this  commonwealth, 


gec  i 

standards  to  counties 


copies  to  be  trans- 


1  Care  of  standards  transferred  to  the  Chief  of  the  Bureau  of  Standards  by  act  842,  sec.  2,  P.  L.,  19"- 
8578°—  12  --  25 


-586  Laws  Concerning  Weights  and  Measures 

at  the  expense  of  the  several  counties  to  which  the  same  are  sent, 
and  not  otherwise.1 

The  sa^  secretary  shall  cause  to  be  impressed  on  each  of  the 
copies  of  such  original  standards  the  letters  Pa.,  and  such  other 
additional  device  as  he  shall  direct  for  the  particular  county; 
which  device  shall  be  recorded  in  the  secretary's  office,  and  a  copy 
thereof  transmitted  to  the  respective  county  commissioners. 
(1845, 1883)  It  shall  be  the  duty  of  the  county  commissioners  receiving  such 

verification  of  county  standards  as  aforesaid,  and  their  successors  in  office,  in  every  five 
years,  and  oftener,  if  they  shall  have  reason  to  believe  it  neces- 
sary, to  cause  such  standards  so  received  by  them  or  their  prede- 
cessors in  office,  to  be  tried  and  examined,  to  be  corrected  or 
renewed,  so  as  to  conform  exactly  to  the  standards  prepared 
according  to  act  of  congress,  and  deposited  in  the  office  of  the 
secretary  of  the  commonwealth  as  aforesaid. 

sec  i8(rf-jo)  All  laws  and  supplements  thereto,  providing  for  the  appoint - 

Acts  'tor  appointment  ment  of  sealers  of  weights  and  measures  in  this  commonwealth 

of   sealers   of   weights  i-.ii  t     1  •> 

and  measures  repealed  be  and  they  hereby  are  repealed. 

True'meridian  to  be  The  county  commissioners  of  the  several  counties  of  this 
commonwealth  are  hereby  authorized  and  directed,  within  two 
years  from  and  after  the  passage  of  this  act,  to  cause  to  be 
marked  and  established  on  some  inalienable  property  belonging  to 
the  county,  or  on  such  property  as  the  commissioners  of  the 
county  may  hereafter  acquire  for  that  purpose,  at  or  near  the  seat 
of  justice  of  the  several  counties,  a  true  meridian  line,  and  a  fixed 
standard  measure,  of  two  or  four  pole  chain,  agreeing  with  and 
made  after  the  measure  of  the  standard  yard  now  in  the  office  of 
the  secretary  of  the  commonwealth;  and  the  cost  whereof  to  be 
paid  out  of  the  respective  county  treasuries. 

Notice  thereof  to  be     When  the  said  true  meridian  lines,  and  the  measures  of  the  said 

fustn;thek'eycormpasses  standard  two  or  four  pole  chain,  shall  have  been  so  marked  and 

true  beartagsthtoebbe  established  as  aforesaid,  the  said  county  commissioners  shall  give 

noted  in  surveys        public  notice  thereof,  in  one  or  more  newspapers  of  their  respective 

counties,  or  otherwise,  for  at  least  three  successive  weeks;  and  it 

shall  be  the  duty  of  every  land  surveyor  in  this  commonwealth, 

after  such  notice  has  been  given  as  aforesaid,  in  the  month  of 

April  in  each  year,  to  adjust  and  verify  his  compass  by  one  of  the 

said  meridian  lines,  and  to  ascertain  the  variation  of  its  needle 

from  the  true  meridian,  and  his  chain  by  one  of  the  said  measures 

1  This  act  was  repealed  by  the  act  of  Mar.  22,  1859,  sec.  i,  P.  I,.  198,  as  to  the  counties  of  Franklin,  Lan- 
caster, Montgomery,  Bucks,  Berks,  Lehigh,  Dauphin,  and  Westmoreland.  But  its  provisions  were  again 
extended  to  Montgomery  County,  by  the  act  of  Feb.  20,  1867,  P.  L.  233,  and  to  Dauphin  County  by  the  act 
of  Feb.  20,  1872,  P.  L.  121.  The  act  of  1845  was  also  repealed  as  to  the  counties  of  Lebanon,  Adams,  Wash- 
ington, Cumberland,  and  Perry  by  the  act  of  Apr.  2,  1860,  P.  L.  511;  and  as  to  the  county  of  York  by  the 
act  of  Feb.  23,  1858,  P.  L.  44-  By  the  act  of  Apr.  3,  1867,  P.  L.  692,  the  commissioners  of  Northampton 
County  were  required  to  obtain  copies  of  the  standards,  as  provided  by  this  section. 

3  This  office,  however,  still  exists  in  some  municipalities  by  virtue  of  ordinance.  (See  Ambrose  v. 
Murphy,  52  P.  L.  J.  198,  1904.) 


Pennsylvania  387 

of  the  said  standard  two  or  four  pole  chain.  And  the  said  sur- 
veyors shall  thereafter,  in  all  their  returns  of  surveys,  or  writings 
concerning  surveys  of  land,  and  lines  run  by  the  compass,  note  the 
bearings  or  courses  of  such  surveys  and  line  so  as  to  show  the  true, 
and  not  the  magnetic  bearing,  together  with  the  date  of  such 
survey  or  tracing  of  lines. 

Any  surveyor,  after  notice  given  as  required  by  the  provisions   sec.  ,i 

.  ,,  /  i      11  r  1          .,i     ,1  •  Penalty  for  surveying 

of  this  act,  who  shall  neglect  or  refuse  to  comply  with  the  require-  with  unadjusted  com- 

,         f  ,1  .  ,     ,  i  .  . . ,  A    J  1 .  «  *  pass  or  chain 

ments  of  this  act,  by  making  any  survey  with  an  unadjusted  com-  Penalty 
pass  or  chain,  he  shall,  for  every  such  neglect  or  refusal,  pay  the 
sum  of  ten  dollars,  on  complaint  made  by  any  person  interested  in 
such  survey,  before  the  justice  of  the  peace  nearest  to  the  tract  or 
lot  of  land  so  surveyed,  to  be  recovered  as  debts  of  like  amount  are 
by  law  recoverable;  one-half  thereof  to  the  person  making  the 
complaint,  and  the  other  half  to  the  treasurer  of  the  school  district 
in  which  such  survey  is  made,  for  the  use  of  said  district. 

It  shall  be  the  duty  of  the  commissioners  of  the  several  counties   Duties  oi 
aforesaid  to  procure  a  book  to  be  kept  in  their  office;  and  every 8toners 
surveyor,  on  having  adjusted  his  chain  and  compass  aforesaid, 
shall  enter  therein  the  variation  of  his  compass  from  the  true 
meridian,  whether  east  or  west,  and  the  day  on  which  he  adjusted 
his  chain  and  compass,  and  shall  subscribe  his  name  thereto,  for 
future  reference. 

The  denominations  of  linear  measure  of  this  commonwealth,    Sec  33(l834 
whereof  the  yard  as  heretofore  provided  is  the  standard  unit,  with 
the  relations  thereof,  shall  be  as  follows : 

Twelve  inches  make  one  foot. 

Three  feet  make  one  yard. 

Five  and  a  half  yards  make  one  rod,  pole  or  perch. 

Forty  rods  make  one  furlong. 

Eight  furlongs  make  one  mile. 

The  denominations  of  superficial  measure  of  this  commonwealth,    oTsupernctai  m«as- 
whereof  the  square  of  the  linear  yard,  as  heretofore  provided,  is  the1"* 
standard  unit,  with  the  relations  to  said  standard  and  to  each  other 
shall  be: 

Thirty  and  one-fourth  square  yards  make  one  pole  or  perch.          Perch 

Forty  square  poles  make  one  rood. 

Four  square  roods  make  one  acre.  Acrc 

Six  hundred  and  forty  acres  make  one  square  mile. 

The  denominations  of  liquid  measure  of  this  commonwealth,   fiqui2<fme«»ur« 
whereof  the  gallon  as  heretofore  provided  is  the  standard  unit, 
with  the  relations  to  said  unit  and  to  each  other,  shall  be: 

Four  gills  make  one  pint.  GU1 

Two  pints  make  one  quart.  Quart 

Four  quarts  make  one  gallon.  GaUon 


388 


Laws  Concerning  Weights  and  Measures 


Barrel 
Hogshead 
Pipe 
Tun 

Sec.  26 

Dry  measure 


Bushel 
Peck 


Thirty -one  and  a  half  gallons  make  one  barrel. 

Two  barrels  make  one  hogshead. 

Two  hogsheads  make  one  pipe. 

Two  pipes  make  one  tun. 

The  denominations  of  dry  measure  of  this  commonwealth, 
whereof  the  bushel  as  heretofore  provided  is  the  standard  unit, 
with  the  relations  to  said  standard  and  to  each  other,  shall  be: 

Four  pecks  make  one  bushel. 

And  the  minor  divisions  of  the  peck  shall  be  its  aliquot  parts: 
Provided,  That  the  form  of  the  dry  measure  shall  be  conical; 
that  the  diameter  of  the  circle  of  the  top  of  the  measure  shall  be 
not  less  than  one-twentieth  greater  than  the  diameter  of  the  bot- 
tom of  the  measure,  and  the  height  not  more  than  nine  twelfths 
of  the  diameter  of  the  bottom. 

The  denominations  of  weight  of  this  commonwealth,  whereof 
the  troy  pound  as  heretofore  provided  is  the  standard  unit,  with 
the  relations  thereof  to  said  standard  and  to  each  other,  shall  be: 

Twenty-four  grains  make  one  pennyweight. 

Twenty  pennyweights  make  one  ounce. 

Twelve  ounces  make  one  pound. 

The  denominations  of  weight  of  this\  commonwealth,  whereof 
the  pound  avoirdupois  as  heretofore  provided  is  the  standard 
unit,  with  the  relations  to  said  pound  and  to  each  other,  shall  be : 

Sixteen  drams  make  one  ounce. 

Sixteen  ounces  make  one  pound. 

Twenty-five  pounds  make  one  quarter. 

Four  quarters  make  one  hundred. 

Twenty  hundreds  make  one  ton. 

sec  a  From  and  after  the  passage  of  this  act,  the  standard  weight  of 

weight  of  a  cord  of  a  cord  of  hemlock,  oak  or  other  bark,  when  sold  by  the  cord  or 
ton,  shall  be  two  thousand  pounds  for  each  and  every  cord,  and 
two  thousand  pounds  for  each  and  every  ton. 

The  standard  measure  of  charcoal  shall  be  two  thousand  five 
hundred  and  seventy-one  cubic  inches  for  each  and  every  bushel 
thereof,  and  when  sold  by  weight  a  bushel  shall  be  eighteen 
pounds  (commercially  dry)  for  all  hard  wood,  and  fifteen  pounds 
(commercially  dry)  for  all  soft  wood. 

All  other  acts  or  parts  of  acts  inconsistent  herewith  are  hereby 
repealed. 

From  and  after  the  passage  of  this  act  the  standard  weight  of 
weight  a  bushel  of  clover  seed  shall  be  sixty  pounds. 

All  acts  or  parts  of  acts  inconsistent  herewith  are  hereby 
repealed. 

On  and  after  the  first  day  of  July,  Anno  Domini  one  thousand 
ton  of  eight  hundred  and  ninety-five,  two  thousand  two  hundred  and 
forty  pounds  avoirdupois  shall  make  and  constitute  a  legal  ton 


Sec.  ay 
Troy  weight 


Pennyweight 

Ounce 

Pound 

Sec.  28 
Avoirdupois  weight 


Ounce 
Pound 
Quarter 

Hundredweight 
Ton  , 


Sec. 


bark 


(1891) 


Sec.  30 

Charcoal  measure 


Weight  per  bushel 


Sec.  31 
Repeal 


Sec.  32 


2,2*0 pounds  avoirdu- 


Pennsylvania  389 

of  anthracite  coal  throughout  this  commonwealth  in  all  trans- 
actions between  retail  coal  dealers  and  their  customers. 

Any  person,  firm  or  corporation  guilty  of  violating  the  provi-   ||^g  less  for  a  ^ 
sions  of  section  one  of  this  act  whereby  it  is  attempted  to  sell  less 
than  two  thousand  two  hundred  and  forty  pounds  to  a  ton,  or  a 
proper  proportion  thereof  to  quantities  less  than  a  ton,  shall, 
upon  conviction  thereof  before  any  justice  of  the  peace  or  alder- 
man, after  hearing  on  complaint  made,  shall  be  liable  to  a  penalty 
not   exceeding   fifty   dollars,    recoverable   as   like   penalties   are 
within  this  commonwealth:   Provided,  That  in  all  cases    forty   Tolerance 
pounds  shall  be  allowed  for  the  variation  in  scales. 

All  fines  recovered  under  this  act  shall  be  paid  to  the  treasurer   sg^s* 
of  the  county  wherein  the  action  is  brought. 

All  laws  or  parts  of  laws  inconsistent  with  or  contrary  to  this   |eecp^ 
act  are  hereby  repealed. 

From  and  after  the  first  day  of  May  next,  stone  coal  brought 
from  any  mine  situate  within  the  State  of  Pennsylvania,  to  the  Sec  3&(l82z) 
city  or  county  of  Philadelphia,  for  sale,  shall  be  disposed  of  b 
weight  or  by  the  bushel  measure,  and  if  by  the  latter,  each  bushel  deiphia 
shall  weigh  at  least  eighty  pounds ;  and  so  when  the  same  is  re-sold, 
whether  by  wholesale  or  retail,  it  shall  in  like  manner  be  sold  by 
weight  or  measure,  if  by  the  latter,  the  bushel  shall  contain  at 
least  eighty  pounds,  and  in  the  same  proportions  for  any  greater 
or  less  measure. 

If  any  person  or  persons  selling  coal  by  the  bushel,  or  by  any   f^y  tor  violation 
greater  or  less  measure,  shall  not  give  at  least  eighty  pounds  forofact 
each  bushel  so  sold,  and  so  in  proportion  for  any  greater  or  less  meas- 
ure, such  person  or  persons  shall  for  every  such  offense  forfeit  and 
pay  five  dollars,  to  be  recovered  in  the  same  manner  as  debts  for 
the  same  amount  are  by  law  recoverable,  one-half  to  be  paid  to 
the  guardians  or  overseers  of  the  poor  of  the  city,  district  or  town- 
ship, where  the  offense  is  committed,  and  the  other  half  to  the 
person  prosecuting  for  the  same. 

Whereas,  it  has  become  absolutely  necessary,  for  the  better  pro-   pr^bie 
tection  of  the  citizens  at  large,  as  well  as  for  the  honestly  disposed 
dealers,  that  some  measure  be  taken  to  prevent  fraud  and  secure 
fair  and  honest  competition  in  the  retail  coal  trade  in  the  city  of 
Philadelphia;  therefore, 

On  and  after  the  first  day  of  November,  one  thousand  eight  hun-   ^  4I(l57/) 
dred  and  seventy-one,  the  legal  standard  ton  for  anthracite  coalt 
shall  be  two  thousand  two  hundred  and  forty  pounds  avoirdupois  deiphia 
weight. 

For  the  purpose  of  carrying  into  effect  the  provisions  of  this  act,   |^y42  dlvided    tato 
the  city  of  Philadelphia  shall  be  divided  into  three  districts;   the01™! 
first  district  shall  comprise  all  that  portion  of  the  said  city  lying 


390  Laws  Concerning  Weights  and  Measures 

south  of  the  south  side  of  Chestnut  street;  the  second  district 
shall  comprise  all  that  portion  of  said  city  north  of  the  south  side 
of  Chestnut  street,  extending  to  the  south  side  of  Girard  avenue, 
and  also  to  the  south  side  of  the  track  of  the  Pennsylvania  railroad 
west  to  the  intersection  of  Girard  avenue  therewith;  the  third  dis- 
trict shall  comprise  all  the  remaining  portion  of  said  city  north  of 
the  south  side  of  Girard  avenue,  and  also  of  the  south  side  of  the 
track  of  the  Pennsylvania  railroad  west  of  the  intersection  of 
Girard  avenue  therewith. 

Appointment  of  in-  The  governor  shall  appoint  one  inspector,  and  select  and  common 
councils  of  the  city  and  county  of  Philadelphia  are  hereby  author- 
ized and  empowered  to  elect  o»e  inspector,  and  the  mayor  of  the 
said  city  to  appoint  one  inspector,  within  thirty  days  from  the 
date  of  the  passage  of  this  act,  and  every  three  years  thereafter  a 
person  of  suitable  qualifications,  who  shall  be  styled  an  inspector; 
the  said  inspectors  shall  decide  by  lot  among  themselves  the  dis- 
trict which  each  one  of  said  inspectors  is  to  occupy.1 

Who^ot  eligible  No  person  interested  in  the  mining  or  sale  of  coal  shall  be  eligible 
under  the  provisions  of  this  act. 

mties  oi  inspectors  ^  snall  be  the  duty  of  the  inspectors  to  examine,  as  soon  as 
practicable,  and  previous  the  first  day  of  November,  one  thou- 
sand eight  hundred  and  seventy-one,  every  cart,  wagon  or  other 
vehicle  used  for  the  delivery  of  anthracite  coal  in  their  respective 
districts,  and  to  ascertain,  by  measurement  or  otherwise,  the 
capacity  of  said  vehicles;  and  if  the  cart,  wagon  or  other  vehicle 
will  contain  two  thousand  two  hundred  and  forty  pounds  or  frac- 
tional parts  thereof,  avoirdupois  weight,  of  hard  white  ash  Schuyl- 
kill  coal,  said  inspector  shall  put  in  a  conspicuous  place  on  said 
vehicle  his  stamp  or  brand,  made  for  such  purpose  and  denoting 
the  capacity  of  said  vehicle. 

coVcarts  and  wag-  On  and  after  the  first  day  of  November,  one  thousand  eight  hun- 
ons  to  be  stamped  (fred  an(j  seventy-one,  it  shall  be  unlawful  for  any  cart,  wagon  or 
other  vehicle  to  be  used  in  delivering  anthracite  coal  within  the 
city  of  Philadelphia,  unless  the  said  inspector's  stamp  or  brand  is 
placed  thereon;  and  every  person  found  violating  this  provision 
shall  be  subject  to  the  penalty  or  penalties  as  hereinafter  pro- 
vided. 

may  order  The  sai(i  inspectors  are  hereby  authorized  and  empowered,  at 
**"  4°tneir  discretion,  to  order  any  cart,  wagon  or  other  vehicle,  used  by 
any  retail  coal  dealer  in  delivering  anthracite  coal,  to  be  brought 
to  any  scales  within  four  hundred  yards  of  the  place  where  said 
coal  shall  have  been  loaded,  or  within  four  hundred  yards  of  the 
place  of  arrest  by  the  inspector,  that  have  been  regulated  by  the 
proper  officer  within  twelve  months  then  preceding,  and  thereon 

1  Quaere,  whether  the  office  of  inspector  was  abolished   by  art.  3,  par.  27,  of  the  State  constitution, 
supra,  vol  i,  p.  167,  Campbell  v.  Taggart,  a  W.  N.  C.  93,  1875. 


Pennsylvania 


39i 


Sec.  50 

Tax  on  coal  dealers 


the  said  inspector  shall  take  the  weight  of  the  vehicle  loaded,  and 
after  the  coal  shall  have  been  taken  to  its  destination,  or  imme- 
diately, if  the  owner  or  driver  shall  desire  the  same,  the  said 
inspector  shall  take  the  weight  of  the  vehicle  unloaded. 

If  the  said  inspector  shall  find  the  weight  of  coal,  contained  in   fj^s      , 
the  said  vehicle,  to  be  less  than  two  thousand  two  hundred  and  standard,  deaflr  to  be 
forty  pounds  avoirdupois  for  a  ton,  and  for  a  fraction  of  a  ton,  inn°' 
a  relative  proportion,  being  less  than  said  vehicle  was  represented 
to  contain,  allowing  forty  pounds  for  constantly  changing  weight 
of  animal  and  vehicle,  the  said  inspector  shall  notify  the  dealer 
owning  said  coal,  so  found  to  be  deficient  in  weight,  of  the  same, 
and  of  the  penalty  incurred. 

The  salary  of  each  of  the  said  inspectors  shall  be  the  sum  of   sec.49 
sixteen  hundred  dollars  per  annum,  commencing  on  the  first  day 
of  November,  one  thousand  eight  hundred  and  seventy-one,  to  be 
paid  from  the  city  treasury,  on  a  warrant  drawn  by  the  mayor  of 
the  city;  and  each  of  the  said  inspectors  shall  be  qualified  upon   Qualified  on  oath 
oath  to  perform  honestly  and  truly  their  several  duties  to  the  best 
of  their  abilities. 

To  provide  means  for  the  payment  of  the  salaries  of  the  said 
inspectors,  each  retail  coal  dealer  in  the  city  and  county  of  Phila- 
delphia, shall  pay  an  annual  tax,  commencing  on  the  first  day  of 
July,  one  thousand  eight  hundred  and  seventy-one,  equal  in 
amount  to  the  mercantile  tax  now  in  force,  to  be  assessed  and 
collected  in  the  same  manner  and  by  the  same  officers  as  the 
said  mercantile  tax  is  now  collected,  and  the  amount  so  collected 
to  be  paid  into  the  hands  of  the  city  treasurer. 

For  each  cart,  wagon  or  other  vehicle  used  by  any  retail  coal 
dealer  in  deliverying  anthracite  coal  in  the  city  of  Philadelphia, 
stamped  by  the  said  inspectors,  and  which  stamp  is  the  con- 
sumer's guarantee  of  its  proper  capacity,  the  owner  shall  pay  to 
the  said  inspector  one  dollar. 

Every  retail  coal  dealer  in  the  city  of  Philadelphia  who  shall 

,.  ,  .-'.        .         ,    ..        S  ,  . 

use  any  cart,  wagon  or  other  vehicle  in  delivering  anthracite  wagon  not  stamped 
coal  in  said  city,  which  shall  not  have  been  stamped  by  the  said 
inspectors  as  heretofore  provided  in  this  act,  shall  be  compelled 
to  pay  a  fine  of  ten  dollars,  one-half  of  which  shall  go  to  the  city 
and  one-half  to  said  inspector. 

For  the  refusal  of  any  driver  of  any  such  vehicle  to  comply   sec.  53 

....  '  ..    .  F  i       Penalty  for  refusal  to 

with  the  request  of  any  of  said  inspectors  to  drive  to  a  weigh  comply  with  order  of 
scale:  Provided,  The  scales  designated  are  within  four  hundred 
yards  of  the  place  where  the  said  coal  shall  have  been  loaded, 
the  said  inspector  may  order  the  driver  under  arrest,  and  take 
measures  to  weigh  said  coal  himself;  said  driver,  for  such  refusal, 


See.  « 

Fee  for  stamp 


sec.  52 

Fine  for  using  cart  or 


392  Laws  Concerning  Weights  and  Measures 

shall  be  compelled  to  pay  a  fine  of  five  dollars,  one-half  to  go  to 
the  city,  the  other  half  to  the  said  inspector. 

sec.  54  Any  person  who  shall  refuse  to  permit  the  scales  chosen  by 

r      ng 


said  inspector  to  be  used  by  him,  shall  be  compelled  to  pay  a  fine 
of  ten  dollars,  one-half  of  which  shall  go  to  the  city,  the  other 
half  to  the  said  inspector. 
sec.  ss  Any  retail  coal  dealer  sending  out  into  the  highway  a  load  of 

Sending    out    loads          -    J     -  ,     •     •          1  .t  ±1  j    j.  1  11 

below  standard  weight  anthracite  coal,  containing  less  than  two  thousand  two  hundred 
and  forty  pounds  avoirdupois  for  a  ton,  except  when  delivering 
fractions  of  a  ton,  or  if  delivering  a  fraction  of  a  ton  and  said 
fraction  of  a  ton  contain  less  relatively  than  the  legal  standard  of 
two  thousand  two  hundred  and  forty  pounds  avoirdupois,  the 
dealer  so  acting  shall  be  compelled  to  pay  a  fine  of  fifty  dollars, 
one  half  to  go  to  the  city  and  one-half  to  the  said  inspector. 
sec.  S6  All  acts  or  parts  of  acts  inconsistent  with  or  contrary  to  this 

Repeal  .,          ,    *  ,    j 

act  are  hereby  repealed. 
(is?*)  Any  person  who  shall  change  or  alter  the  size  or  capacity  of 

penaity  for  reducing  any  cart,  wagon  or  other  vehicle,  used  in  delivering  anthracite 
wagon  stampe  or  coal  in  the  city  of  Philadelphia,  and  stamped  under  the  provisions 
of  an  act  to  which  this  is  a  supplement,  with  intent  to  defraud,  by 
the  reducing  of  such  cart,  wagon  or  other  vehicle  to  a  less  capacity 
than  is  indicated  by  the  stamp  thereon,  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  be  compelled  to 
pay  a  fine  not  exceeding  fifty  dollars  and  undergo  an  imprison- 
ment not  exceeding  six  months:  Provided,  however,  that  neither 
of  the  coal  inspectors  of  said  city  shall  be  prevented  from  altering 
the  size  or  capacity  of  any  stamped  cart,  wagon  or  other  vehicle 
used  for  the  delivery  of  anthracite  coal  in  said  city,  and  restamp- 
ing  the  same. 

i£ni5p  to  be  in  fast     ^e  stamP  sna^  be  Put  upon  each  cart,  wagon,  or  other  vehicle 
^ReSacin  m  ^as^  c°l°rs'  by  tne  inspector  of  the  district  in  which  it  belongs; 

Penalty  and  when  it  shall  become  obliterated  from  any  cause,  the  owner 

of  such  cart,  wagon  or  other  vehicle  shall  have  the  same  re-  stamped, 
and  pay  therefor  to  the  said  inspector  the  sum  of  one  dollar;  and 
upon  the  failure  or  neglect  of  the  said  owner  to  comply  with  the 
provisions  of  this  section,  he  shall  be  compelled  to  pay  a  fine  of 
ten  dollars. 

lTna5it  iordeiiverin  ^n^  Person  delivering  or  causing  to  be  delivered  anthracite  coal 
coaietaalunstemliede  cart  into  any  unstamped  cart,  wagon  or  other  vehicle  used  for  the  de- 
livery of  anthracite  coal  by  retail,  within  the  city  of  Philadelphia, 
with  knowledge  that  such  cart,  wagon  or  other  vehicle  is  used  for 
such  purpose  within  the  said  city,  shall  be  compelled  to  pay  a  fine 
of  ten  dollars  for  each  offense. 

Ticket  to  be  deiiv-     Jt  s?ia11  be  unlawf  ul  for  any  retail  coal  dealer  of  the  city  of  Phila- 
ered-,  penalty  tor  refusal  delphia,  to  deliver  any  quantity  or  quantities  of  anthracite  coal, 


Pennsylvania  393 

which  shall  have  been  sold  by  weight,  without  each  such  delivery 
being  accompanied  with  a  delivery-ticket,  whereon  shall  be  dis- 
tinctly expressed  in  tons,  fractional  fourths  thereof,  or  pounds  avoir- 
dupois, the  quantity  or  quantities  of  coal  contained  in  the  cart, 
wagon  or  other  vehicle  used  in  such  delivery,  with  the  name  of  the 
purchaser  thereof,  and  the  dealer  from  whom  purchased;  and  for 
each  failure  or  refusal  to  produce  such  delivery-ticket,  when  called 
for  by  either  of  the  inspectors  or  the  purchaser  of  the  coal,  the 
driver  or  owner  of  the  vehicle  shall  be  compelled  to  pay  a  fine  of 
ten  dollars. 

The  said  inspectors  are  hereby  authorized  and  empowered,  at   Sec.6i 

,      .      j.  .  -  ..  1V1  ,'  ,  Loaded  vehicles  may 

their  discretion,  to  order  any  cart,  wagon  or  other  vehicle  used  byte  ordered  back  to  be 

any  retail  coal  dealer  in  delivering  anthracite  coal  within  the  city  w< 

of  Philadelphia,  to  be  taken  back  to  the  place  where  the  said  coal 

shall  have  been  loaded:  Provided,  The  place  of  arrest  be  within 

four  hundred  yards  thereof,  where  the  inspectors  may  take  the 

weight  of  the  vehicle  loaded;  and  after  the  coal  shall  have  been 

taken  to  its  destination,  or  immediately  if  the  owner  or  driver 

shall  desire  the  same,  the  said  inspector  shall  take  the  weight  of 

the  vehicle  unloaded;  and  for  the  refusal  of  any  driver  of  any    Penalty  ior  refusal  of 

such  vehicle,  to  comply  with  the  order  of  any  of  said  inspectors,  to^e"  to  comply  wlth 

drive  back  to  the  place  where  the  coal  shall  have  been  loaded,  he 

shall  be  compelled  to  pay  a  fine  of  ten  dollars. 

All  penalties  provided  by  this  act,  and  the  act  to  which  this  is  a    H<w6penaities  recov- 
supplement,  shall  be  recoverable  by  action  of  debt  in  the  sameerable 
manner  as  penalties  are  now  by  law  recoverable,  to  be  brought 
in  the  name  of  the  coal  inspector;  one-half  of  said  fines  and 
penalties  to  go  to  the  city  of  Philadelphia,  and  the  other  half  to 
go  to  the  said  inspector;  and  corporations  and  companies  violat- 
ing this  act,  or  the  act  to  which  this  is  a  supplement,  shall  incur 
like  penalties  with  individuals. 

Each  of  the  said  coal  inspectors  shall  have  authority  to  arrest,    inspectors  may  arrest 
or  direct  any  police  officer  or  constable  of  the  city  of  Philadelphia  £tKea"rest  for  vio" 
to  arrest,  any  person  or  persons  found  violating  this  act  or  the  act 
to  which  this  is  a  supplement,  and  take  him  or  them  before  any 
alderman  or  justice  of  the  peace  of  the  city  of  Philadelphia  for  a 
hearing. 

The  inspectors  appointed  under  the  provisions  of  an  act  to  which   f^4,,,  offlce  Ol  ta. 
this  is  a  supplement,  shall  hold  their  offices  for  the  full  term  of  spectors 
three  years  from  the  first  day  of  November,  Anno  Domini,  one 
thousand  eight  hundred  and  seventy-one,  or  until  their  successors 
shall  be  duly  appointed  and  qualified. 

All  acts  or  parts  of  acts  inconsistent  with  or  contrary  to  this  act 
are  hereby  repealed. 


394  Laws  Concerning  Weights  and  Measures 

sec  66l878)  The   standard   weight   of  bituminous   coal,   in   this   common- 

weightof bituminous  wealth,   shall   be   seventy-six   pounds   to   the   bushel,    and   two 

thousand  pounds  shall  be  one  ton. 

lenity  for  violation  If  any  person  or  persons,  engaged  in  the  business  of  mining 
bituminous  coal,  shall  fix  or  establish,  or  shall  attempt  to  fix  or 
establish,  any  other  number  of  pounds,  by  agreement  or  contract, 
to  be  a  bushel  of  bituminous  coal,  than  as  is  provided  for  in  the 
first  section  of  this  act,  such  person  or  persons  shall  be  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof,  shall  be  sentenced  to 
pay  a  fine  not  less  than  five  hundred  and  not  exceeding  one  thou- 
sand dollars,  and  all  penalties  recovered  under  this  act  shall  be 
paid  into  the  treasury  of  the  state. 

sec  68(l5w)  The  standard  bushel  for  the  measurement  of  bituminous  coal 

standard  measure  oi  shall   from  and  after  the  first  day  of  January  1850,  contain  2688 

bushel   of   bituminous        ,.  '   .  j   A.'  *.     i.    il         ±      ec 

coal  cubic  inches  even  measure,  and  this  act  shall  not  affect  contracts 

made  before  that  time:  Provided,  This  act  shall  go  into  immediate 

operation  in  the  county  of  Allegheny,  from  and  after  its  passage. 

(^50)  Where  disagreements  arise  between  the  seller  and  buyer  of  bitu- 

standard  weight  oi  minous  coal,  in  the  county  of  Allegheny,  as  to  the  measure  of  good 

bituminous  coal  in  Al-  ,          ,     ,  '.  , ,  , , 

icgheny  county  merchantable  coal,  put  into  the  wagon,  car  or  cart,  at  the  mouth 
of  the  pit,  or  at  any  of  the  wharves  in  the  county  of  Allegheny,  a 
standard  of  weight  shall  be  established,  of  seventy-six  pounds 
avoirdupois  to  the  bushel  of  merchantable  coal. 

sec.  7o  On  the  parties  disagreeing  as  to  the  measure  of  coal,  and  con- 

Duties  of  weighmas-  .  V  .-,      <        i         i       j  •    i_    j         j  >    1 

ter  sentmg  to  have  the  load  or  loads  weighed  and  taken  to  a  properly 

adjusted  scale,  the  weighmaster  of  said  scale  shall  superintend  the 
weighing  of  the  suspected  load,  estimating  the  number  of  bushels 
by  the  standard  weight  of  seventy-six  pounds  to  the  bushel;  for 
which  service  he  shall  be  entitled  to  the  usual  fee  or  fees  charged 
for  similar  draughts,  to  be  paid  by  the  party  in  error,  on  the 
presentation  of  a  certificate  of  weight  by  the  said  officer;  the 
amount  of  said  fee  to  be  collected  as  debts  of  like  amount  are 
recoverable  by  law. 
sec.  7i(/*J7)  The  third  and  fifth  sections  of  the  act  establishing  a  uniform 

to  teTscqeUitemeVmCAi-  standard  of  bituminous  coal  in  Allegheny  county,  passed  April  6th, 

egheny  county  Anno  Domini  1850,  be  and  the  same  are  hereby  repealed,  and 
hereafter  all  controversies  in  said  county  in  regard  to  the  quantity 
of  coal  contained  in  any  cart,  wagon  or  other  vehicle,  shall  be 
ascertained  in  the  manner  provided  for  by  the  ist  and  2nd  sections 
of  the  act  to  which  this  is  a  supplement:  Provided,  however, 
That  where  the  coal  is  sold  and  delivered  into  boats  where  the 
weight  cannot  conveniently  be  ascertained,  then  the  standard 
fixed  in  the  act  of  March  23rd,  1849,  shall  continue  unchanged, 
ofuncus  to  regulate  The  select  and  common  council  of  the  cities  of  Pittsburg  and 

the  same  by  ordinance  Allegheny,  and  the  town  councils  of  the  incorporated  boroughs  in 


Pennsylvania  395 

the  county  of  Allegheny,  are  hereby  authorized  to  provide  and 
establish  some  mode  to  ascertain  the  weight  of  coal  sold  within  said 
cities  and  boroughs,  and  impose  suitable  penalties  upon  all  persons 
violating  the  provisions  of  the  acts  of  assembly  on  the  subject. 

From  and  after  the  passage  of  this  act,  any  coal  dealer  or  hauler  (1853) 

in  Allegheny  county,  who  has  had  his  wagon  or  cart  weighed  or   weighing  and  brand- 
branded   according   to   the  provisions   of  the  ordinance   of  thepit7sb°SrgCoardtoMce 
councils  of  the  city  of  Pittsburg  of  eighth  March,  one  thousand sufflcient 
eight  hundred  and  fifty-two,  in  pursuance  of  an  act  of  Assembly  of 
twelfth  April,  one  thousand  eight  hundred  and  fifty-one,  shall  not 
be  compelled  to  have  his  or  their  wagon  or  cart  measured  in  pur- 
suance of  the  provisions  of  the  act  of  twenty- third  March,  one 
thousand  eight  hundred  and  forty-nine,  but  said  branding  and 
weighing  shall  be  deemed  sufficient  for  all  purposes. 

The  standard  weight  of  bituminous  coal  in  the  city  of  Allegheny   g^  74(l<?59> 
be  and  is  hereby  declared  to  be  seventy-six  pounds  avoirdupois  to  of  sj^<mjdlou^  ^  h^ 
the  bushel  of  merchantable  coal.  Allegheny  city 

The  select  and  common  councils  of  the  city  of  Allegheny  are   Sec-" 

f  i  i.   i       Councils  may  pass  or- 

nereby  authorized  and  empowered  to  pass  ordinances  to  establish  ^nances  to  install 

scales,  or  some  other  method  to  ascertain  the  weight  of  coal  sold  SCMay  "impose  penai- 

within  the  limits  of  said  city,  and  to  regulate  and  compel  persons te 

to  use  said  scales,  or  other  mode  of  weighing  coal,  and  may  impose 

such  penalties  and  forfeitures  on  them  as  they  may  think  proper, 

(not  exceeding  one  hundred  dollars  for  any  offense),  for  violating 

the  provisions  of  said  ordinances. 

All  laws  inconsistent  herewith  are  hereby  repealed.  fjgj^j 

The  standard  weight  for  coal  in  the  borough  of  Greensburg,  in    gec    (^52) 
the  county  of  Westmoreland,  shall  be  seventy-five  pounds  to  the    weight  of  bushel  oi 
bushel;  and  the  burgess  and  the  town  council  of  said  borough  may,  ^ 
and  they  are  hereby  authorized  and  empowered  to  pass  such  ordi-  conation  °f 
nances  as  will  be  necessary  to  prevent  the  sale  of  coal  in  said  bor- 
ough, otherwise  than  by  the  standard  weight  herein  specified, 
which  weight  shall  be  ascertained  and  determined  by  the  public 
scales  in  the  said  borough,  and  said  burgess  and  town  council  shall 
have  power  to  impose  such  fines  and  forfeitures  as  they  may  deem 
necessary  to  insure  a  faithful  compliance  with  said  ordinances, 
and  collect  the  same  as  like  fines  and  forfeitures  are  by  law  col- 
lected. 

The  standard  measure  of  coke,  manufactured  from  bituminous   s^  ^I866) 
coal,  when  sold  by  the  bushel,  shall  be  two  thousand  six  hundred    Bu^'el  of  coke 
and  forty-eight  cubic  inches,  and  the  standard  weight  per  bushel 
shall  be  forty  pounds. 

From  and  after  the  first  day  of  September  next  the  bushel  used   3^  n(l8l9) 
for  the  measuring  of  lime  in  the  city  and  county  of  Philadelphia,    Measurement  of  iime 
and  in  the  counties  of  Bucks,  Montgomery,  Delaware,  Chester, 


396  Laws  Concerning  Weights  and  Measures 

m^reused°fbusbel^ancaster  and  York>  sna11  be  of  the  following  dimensions,  to  wit: 
thirteen  inches  and  a  half  in  diameter  at  the  bottom  in  the  clear, 
fifteen  inches  diameter  at  the  top  in  the  clear,  and  thirteen  inches 
and  forty-seven  hundredths  perpendicular  depth  in  the  clear. 

Abutment  oi     It  shall  be  the  duty  of  the  several  courts  of  common  pleas, 

measurer*  within  the  city  and  counties  aforesaid,  to  appoint  one  or  more 

suitable  persons  in  each  of  said  counties,  as  to  them  shall  appear 

Duties  necessary,  whose  duty  it  shall  be,  after  being  for  that  purpose 

duly  sworn  or  affirmed,  by  a  judge,  alderman  or  justice  of  the 
peace  of  the  city,  or  proper  county,  and  a  certificate  of  such  quali- 
fication, filed  in  the  prothonotary's  office,  to  procure  a  brand  and 
mark  every  bushel,  intended  to  be  used  for  the  measuring  of  lime, 
with  the  letters  L.  B.,  in  the  manner  that  weights  and  measures 
are  now  stamped  or  marked  in  the  city  of  Philadelphia ;  for  which 

Fee«  service  he  shall  be  entitled  to  receive  twenty-five  cents  for  each 

bushel  so  stamped  or  marked. 

sec.8i  if  any  person  or  persons,  in  the  city  or  counties  aforesaid,  shall 

Penalty  for  violation  ,          \  •  t  «'  1         i      i       /•  .1  j- 

use,  for  the  measuring  of  lime,  a  bushel  of  any  other  dimensions, 
or  not  stamped  as  is  hereinbefore  directed,  he  or  they  shall  forfeit 
and  pay  the  sum  of  five  dollars  for  every  such  offense,  to  be  re- 
covered before  any  alderman  or  justice  of  the  peace,  upon  due 
proof  to  him  made,  in  the  same  manner  that  debts  of  the  like  sum 
are  recoverable,  to  be  paid  to  the  treasurer  of  the  county  wherein 
the  offense  was  committed,  for  the  use  of  the  county. 
(1856)  The  standard  bushel  for  the  measurment  of  unslaked  lime,  in 

uensfaked  lime; the  county  of  Allegheny,  shall  contain  two  thousand  one  hundred 

and  fifty,  forty -two  one-hundred  ths  cubic  inches,  even  measure, 
sec.  83  lS  It  shall  not  be  lawf ul  for  any  person  or  persons  engaged  in  the 

by^etho^nd68'6'0"  business  of  purchasing,  collecting  or  furnishing  shingles  or  hoop- 
poles,  shaved  hoops,  straps,  shucks,  staves  and  heading,  of  any 
kind  of  material  whatsoever,  used  in  the  manufacture  of  wooden 
vessels,  to  demand  or  deliver  more  than  ten  hundred  pieces  in  num- 
ber for  one  thousand;  and  that  when  any  or  either  of  the  above- 
mentioned  articles  of  lumber  be  purchased  or  sold  by  the  thou- 
sand, it  shall  be  so  considered,  any  custom  or  usage  to  the  con- 
trary notwithstanding, 
sec.  84(/57j)  It  shall  be  lawful  for  any  persons  having  timber,  boards  or  other 

Qsaie  of  timber  on  the  lumber  upon  the  Ohio  river,  or  any  of  its  tributaries,  in  this  state, 
to  sell  the  same  under  any  measurement  they  may  agree  upon, 
or  under  measurements  which  may  be  made  by  any  person  or  per- 
sons whom  they  and  their  vendees,  under  contract,  may  select, 
any  local  law,  usage  or  ordinance  to  the  contrary  notwithstand- 
ing: Provided,  That  square  timber  shall  be  measured  with  the 
usual  five-inch  hook,  unless  the  parties  shall  otherwise  contract. 


Pennsylvania  397 


The  governor  be  and  he  is  hereby  authorized  and  required  to  ap-    Sec 
point  a  measurer  of  marble,  whose  duty  it  shall  be  faithfully  to.  Measurer  of  marble 

1  «      •         1  1,  ..       •  .  -'to  be  appointed 

measure  all  marble  in  the  rough  brought  into  the  city  and  county   Du"es 
of  Philadelphia  for  sale,  when  thereto  required  by  the  parties,  or 
either  of  them,  whose  compensation  shall  be  one  cent  per  foot  for   compensation 
cubic  marble,  and  one-fourth  of  a  cent  per  foot  for  slab  marble. 

From  and  after  the  passage  of  this  act  the  weight  of  a  bushel  of   Sec  86(z*w) 

onions  shall  be  fifty  pounds.  onions*11*  Ol  a  bushel  °f 

All  acts  or  parts  of  acts  inconsistent  herewith  are  hereby  re- 

,      ,  *  Sec.  87 

pealed.  Repeal 

From  and  after  the  passage  of  this  act,  the  weight  of  a  bushel   gec  ^l8^ 
of  potatoes,  shall  be  fifty-six  pounds.  weight  of  bushel  of 

All  acts   or  parts   of  acts   inconsistent  herewith  are  hereby 
repealed. 

On  and  after  the  first  day  of  August,  Anno  Domini  one  thousand  (*(»/) 

nine  hundred  and  one,  each  and  every  keg  of  black  blasting  powder   weight  of  kegs  of 
used,  manufactured  or  sold  in  and  around  the  coal  mines  of  this  «Sated8ting  powder 
Commonwealth,  shall  contain  twenty-five  pounds  of  said  black 
blasting  powder,  standard  weight;  every  one-half  keg  shall  con- 
tain twelve  and  a  half  pounds  of  said  black  blasting  powder, 
standard  weight,  and  every  quarter  keg  shall  contain  six  and  one- 
quarter  pounds  of  said  black  blasting  powder,  standard  weight; 
each  of  said  kegs  to  be  plainly  stamped  with  the  name  of  the    Kegs  to  be  stamped 
person,  firm  or  corporation  manufacturing  said  powder,  and  also  derfetc.eight 
the  number  of  pounds  of  powder  contained  in  said  keg. 

Any  manufacturer  or  dealer  in  said  black  blasting  powder,  sec.9t 
making  or  selling,  or  causing  to  be  made  or  sold,  any  keg,  half-keg 
or  quarter-keg  of  said  black  blasting  powder  containing  less 
weight  of  said  powder  than  specified  in  this  act,  or  which  keg  shall 
not  be  stamped  as  required  in  section  i  of  this  act,  shall  be  subject 
to  a  penalty  of  five  dollars  for  each  and  every  keg,  half-keg  or 
quarter-keg,  manufactured  or  sold,  which  does  not  contain  the 
respective  weights  of  black  blasting  powder  set  forth  in  the  fore- 
going section. 

It  shall  not  be  lawful  for  any  other  person,  firm  or  corporation,    wh'o93may  not  use 
save  only  such  person,  firm  or  corporation  whose  name  shall  bekega 
stamped  on  said  kegs,  to  use  any  such  stamped  keg  for  the  pur- 
pose of  containing  said  black  blasting  powder. 

Any  person,  firm  or  corporation  violating  the  provisions  of  sec-    f^ly  for 
tion  three  of  this  act  shall  be  subject  to  a  fine  of  not  less  than  five  use  of  ke«a 
hundred  dollars   ($500.00)   nor  more  than  one  thousand  dollars 
($1,000.00). 

All   acts   or   parts   of   acts   inconsistent   herewith   are    hereby 
repealed. 


398  Laws  Concerning  Weights  and  Measures 

^    (1817)  X  he  standard  dimensions  of  a  cord  of  wood  or  bark  for  fuel, 

standard  dimensions  exposed  to  sale  within  the  city  and  county  of  Philadelphia,  shall 

Mcordofwooc        la'b/eight  feet  in  length>  four  feet  in  breadth,  and  four  feet  in 

height,  containing  one  hundred  and  twenty-eight  feet,  solid 
measure;  but  if  it  shall  so  happen,  before  the  first  day  of  Septem- 
ber next,  that  any  wood  brought  to  market  shall  be  under  the 
average  length  of  four  feet,  including  one-half  the  kerf,  the  defi- 
ciency shall  be  made  up  in  breadth  or  height. 

sec.  96  From  and  after  the  first  day  of  September  next,  all  cord  wood 

1  brought  to  market  within  the  city  and  county  of  Philadelphia, 

shall  be  at  least  four  feet  in  length,  including  one-half  the  kerf, 

prang  cord  wood  and  the  cord  shall  be  computed  at  the  rate  of  eight  feet  in  length, 
four  feet  in  breadth  and  four  feet  in  height,  well  stowed  and 
packed,  the  straight  wood  shall  be  placed  or  caused  to  be  placed 
by  all  venders  of  cord  wood  compactly  in  the  lower  part  of  the 
pile,  and  the  crooked  wood  in  the  upper  part  thereof,  and  a  rea- 
sonable and  fair  allowance  shall  be  made  by  all  corders  or  venders 
of  wood  for  the  loss  sustained  by  crooked  or  uneven  wood;  nor 
shall  any  corder  of  wood  purchase  any  wood  for  the  purpose  of 


seu<torerrofltt  to  buy  to  se^m^  *-ne  same  again,  by  which  sale  he  may  derive  a  compensa- 

tion or  profit;  and  the  same  is  hereby  declared  to  be  unlawful. 
tenure  and  forfeiture     From  an^  after  the  first  day  of  September  next  if  any  person 

of  wood  shall  expose  to  sale  within  the  city  and  county  of  Philadelphia 

any  wood  less  than  four  feet  in  length,  it  shall  be  liable  to  be 
seized  by  any  corder  of  wood  and  forfeited,  one-half  to  the  use 
of  said  corder,  and  the  other  to  the  guardians  of  the  poor  of  the 
city,  district  or  township  in  which  it  shall  be  seized;  but  in  case 
the  person  exposing  the  wood  for  sale,  shall  deem  himself  aggrieved 
thereby,  he  may  appeal  to  any  alderman  or  justice  of  the  peace 
of  the  city,  district  or  township  in  which  the  seizure  is  made,  who 
shall  hear,  try  and  determine  the  same:  and  if  any  person  shall, 
within  the  said  limits,  sell  as  a  cord  of  wood  or  bark,  for  fuel,  any 
quantity  less  than  the  standard  measure  prescribed  by  this  act, 
unless  the  same  shall  have  been  previously  measured  by  a  corder, 
and  is  sold  without  any  change  since  such  measurement,  he  shall 
forfeit  and  pay  the  sum  of  ten  dollars;  and  if  any  corder  shall 
refuse  or  neglect  to  perform  the  duties  enjoined  upon  him  by 
this  act,  he  shall  for  every  such  offense  forfeit  and  pay  the  sum 

tioSX8  for  vtola"0f  ten  dollars;  and  if  any  corder  shall  purchase  any  wood  for  the 
purpose  of  selling  again,  he  shall  forfeit  and  pay  the  sum  of  one 
hundred  dollars,  which  several  penalties  and  forfeitures  may  be 
HOW  recoverable  recovered  as  debts  of  a  similar  amount  are  by  law  recoverable 
before  any  alderman  or  justice  of  the  peace  within  the  city,  dis- 
trict or  township  in  which  the  offense  shall  have  been  committed, 
and  shall  be  one-half  for  the  use  of  the  person  prosecuting  for 


Pennsylvania  399 

them,  and  the  other  for  the  guardians  of  the  poor  of  the  said  city, 
district  and  township. 

In  case   any  maker,   vender  or  proprietor  of  beams,   scales,    ,        (1845) 
weights  or  measures,  within  the  city  or  county  of  Philadelphia,    Penalty  for  disregard- 
or  county  for  which  a  sealer  has  been  appointed,  shall  neglect  or  }^rre«uisition  of  re«u- 
refuse  to  comply  with  the  requisitions  which  the  regulator  of 
weights  and  measures  is  authorized  and  directed  to  make;  or 
shall  sell  by  false  beams,  scales,  weights  or  measures,  such  person 
or  persons  so  offending  shall,  for  each  and  every  offence,  forfeit 
and  pay  the  sum  of  five  dollars,  which  may  be  sued  for  and 
recovered  as  debts  of  the  like  amount  are  by  law  recoverable,  for 
the  use  of  the  poor  of  the  city,  district  or  township,  in  which  such 
fine  shall  have  been  incurred:  Provided,  That  the  provisions  of 
the  5th  and  6th  sections  of  this  act  shall  not  be  so  construed  as  to 
extend  to  such  beams,  scales,  weights  and  measures,  as  shall  not 
be  used  by  the  proprietors  thereof,  for  the  purpose  of  buying  or 
selling  [by]  the  same. 

It  shall  be  the  duty  of  any  person  or  persons  offering  dry  meas-  (^) 

ures  for  sale,  within  the  limits  of  the  city  and  county  of  Philadel-   Penalty  for  selling  un- 
phia,  to  have  the  same  stamped  and  sealed  by  the  proper  officer  phSId 
of  said  city  and  county,  and  any  person  found  guilty  of  offering 
or  exposing  for  sale  any  dry  measure,  without  having  the  same 
sealed  and  adjusted  by  the  proper  officer  as  aforesaid,  shall  be 
liable  to  a  penalty  of  five  dollars  for  every  such  offence,  to  be  col- 
lected as  debts  of  like  amount  are  now  collected,  one-half  to  go 
to  the  informer,  and  the  other  half  to  the  use  of  said  county. 

Any  person  who  shall,  in  any  way,  alter  any  measure,  so  that  Sec. 
the  capacity  thereof  is  diminished,  after  the  same  shall  have  been 
adjusted  and  sealed,  or  shall,  in  buying  or  selling,  use  any  meas- 
ure so  altered;  and  any  person  who  shall  alter  any  scale,  beam  or 
weight,  so  as  to  impair  the  adjustment  thereof,  after  the  same 
shall  have  been  adjusted  and  sealed;  and  any  dealer,  vender  or 
weigher,  who  shall  have  in  his  possession  any  scale,  beam,  weight 
or  measure  so  altered  as  aforesaid;  shall,  on  conviction  thereof, 
before  any  alderman  or  justice  of  the  peace,  forfeit  and  pay  the 
sum  of  ten  dollars;  and  if  the  person  so  convicted  refuse  or  neg- 
lect to  satisfy  such  forfeiture,  with  costs,  immediately,  or  produce 
goods  and  chattels  sufficient  whereon  to  levy  the  said  forfeiture, 
together  with  cost,  then  the  said  alderman  or  justice  of  the  peace 
shall  commit  the  offender  to  the  jail  of  the  county  wherein  the 
offence  was  committed,  there  to  be  kept  at  hard  labor  for  the 
space  of  thirty  days. 

Any  person  who  shall  be  convicted  as  aforesaid,  and  shall  think   l^rd1  may  be  re- 
himself  or  herself  aggrieved  by  such  conviction,  may  remove  the moved  by  certlorari 
proceedings  by  certiorari  to  the  next  court  of  quarter  sessions, 


4OO  Laws  Concerning  Weights  and  Measures 

held  for  the  city  or  county  wherein  the  offence  shall  have  been 
committed;  and  on  the  hearing  of  the  certiorari,  the  court  may, 
if  they  think  proper,  examine  testimony;  but  no  judgment  shall 
be  reversed  for  any  matter  of  form,  if  it  shall  be  proved  to  the 
satisfaction  of  the  court,  that  the  offence  charged  has  been  com- 
mitted by  the  defendant. 
Sec-  io»  One  moiety  of  the  forfeitures  in  money  accruing  and  becoming 

Appropriation  ol  pen-  ,  Jff  .  ,  .  1111  -1^-1 

aities  due  for  any  offence  against  this  act,  shall  be  paid  to  the  overseers 

or  guardians  of  the  poor  of  the  city,  borough  or  township,  wherein 

the  offence  shall  have  been  committed,  and  the  other  moiety  to 

the  person  or  persons  who  shall  prosecute  and  sue  for  the  same. 

sec.  io3/55o)  Whenever  any  description  of  manufactured  goods,  commonly 

short'weknt or me^re  ca^e(^  dry  goods  or  groceries,  shall  be  sold  by  the  piece,  in  packages 
or  by  weight,  and  the  said  pieces  or  packages  shall  be  marked  or 
represented  to  contain  a  certain  number  of  yards,  pounds  or 
ounces,  and  the  same  shall  be  sold  as  containing  that  number  or 
weight,  when  in  fact  the  said  pieces  or  packages  shall  contain  a 
less  number  of  yards,  or  pounds  or  ounces,  than  so  represented, 
the  seller  or  manufacturer  thereof  shall  forfeit  and  pay  to  the 
purchaser  a  sum  equal  to  double  the  value  of  the  quantity  or 
weight  found  to  be  deficient,  to  be  recovered  by  action  of  debt,  in 
any  court  of  law,  or  before  any  alderman  or  justice  of  the  peace 
in  this  commonwealth,  in  the  same  manner  that  debts  of  like 
amount  are  now  by  law  recoverable. 
sec.  iol7<Wj)  Any  person  or  persons  who  shall  wilfully  use  and  sell  by  false 

fakeens?aVes,f0wUefgh°sg^eamS)  sca*esj  weights  and  measures,  any  article,  merchandise, 

and  measures  'commodity  or  thing,  shall  be  guilty  of  a  misdemeanor,  and  on 
being  convicted  thereof,  shall  be  sentenced  to  pay  a  fine  not 
exceeding  two  hundred  dollars,  and  to  undergo  an  imprisonment 
not  exceeding  three  months,  or  both,  or  either,  at  the  discretion 
of  the  court. 

sec.  io5(l57<))  Any  Person  or  persons  within  this  commonwealth  who  shall  sell, 

faaud  to  or  cause  to  ke  s°ld  or  exchanged,  in  any  manner  whatsoever,  baled 
hay,  straw  or  other  material  of  a  like  nature,  by  weight,  and  shall 
include  in  the  weight  of  said  baled  hay,  straw  or  other  substance 
of  a  similar  nature,  any  concealed  or  exposed  matter,  for  the  pur- 
pose of  increasing  the  weight,  shall  be  deemed  guilty  of  a  mis- 
demeanor; and  on  being  convicted  thereof,  shall  be  fined  not 
exceeding  one  hundred  dollars,  and  imprisoned  not  exceeding  six 
months,  either  or  both,  at  the  discretion  of  the  court. 

sec.  ioSz*w)  The  g°vernor  of  this  commonwealth  shall  appoint  such  number 

?^  inspectors  as  may  be  designated  by  the  county  commissioners, 
in  the  cities  of  the  first  and  second  class  of  this  commonwealth,  to 
inspect  scales,  weights  and  measures  who  shall  be  paid  monthly  out 
of  the  county  treasury,  except  in  cities  co-extensive  with  the 


must  be 


Pennsylvania  401 

county,  when  the  same  shall  be  paid  out  of  the  city  treasury,  such 
salary  as  may  be  fixed  by  said  commissioners ;  they  shall  serve  for 
a  term  of  four  years,  unless  removed  by  death,  resignation  or  other 
cause.1 

Bach    inspector    shall    be    furnished    with  ^  standard    weights,    f ^belurnished  with 
measures  and  tests  by  the  secretary  of  internal  affairs  of  this  com-  standards 
monwealth.2 

The  duty  of  each  inspector  shall  be  to  visit  every  place  not  more   1*,%^  weighu 
than  four  times  a  year,  where  measures,  scales  and  weights  are ***  measures 
used  or  sold,  including  all  market  houses,  shops,  stores  and  all 
places  where  meats,  provisions  and  other  articles  are  sold  by  weight 
or  measure  in  said  cities,  to  inspect,  regulate  and  adjust  the  same. 
"    The  inspector  to  have  power  and  to  seize  all  fraudulent  scales,    lowerlo  seize  fraud- 
weights   and  measures,   wherever  found,   and  which   cannot  be"lei       les>  weights- 
regulated  and  adjusted,  to  use  the  same  as  evidence  in  any  action 
of  law  against  the  party  or  parties  in  whose  possession  they  are 
found. 

Any  person  or  persons  purchasing  new  scales,  weights  or  measures   NeVscaies,  weights, 
that  do  not  contain  the  stamp  of  the  inspector  shall,  before  using  adjusted811 
them,  notify  the  inspector  of  the  district  and  have  them  tested, 
and  all  scales,  weights  or  measures  that  cannot  be  adjusted  by  the 
inspector  shall  be  removed  and  destroyed.3 

Any  person,  upon  arrest  and  conviction  before  a  magistrate  or  Sec-"» 
justice  of  the  peace  for  refusing  to  allow  his  scales,  weights  and 
measures  to  be  inspected,  shall  be  fined  ten  dollars  and  costs  of  Penalty 
court,  or  be  sentenced  to  imprisonment  for  a  period  of  not  more 
than  ten  days.  Any  person  who  shall,  after  his  scales,  weights 
and  measures  have  been  inspected  in  accordance  with  the  provi- 
sions of  the  fifth  section  of  this  act,  alter  or  cause  to  be  altered  his 
said  inspected  scales,  weights  and  measures,  so  that  they  be  de- 
creased in  size  or  amount,  or  who  shall  substitute  for  said  in- 
spected weights  and  measures  any  other  weight  and  measure  of 
smaller  size  or  amount  shall,  upon  arrest  and  conviction  before  a 
magistrate  or  justice  of  the  peace,  be  fined  not  more  than  twenty 
dollars  and  cost  of  court,  and  in  default  of  the  payment  of  such 
fine  and  costs  shall  be  imprisoned  for  a  period  of  not  more  than  ten 
days. 

1  By  the  act  of  Apr.  n,  1903,  sec.  i,  P.  L.  165,  $2,500  was  appropriated  to  carry  this  act  intoeffect.     But 
both  this  act  and  the  act  of  1903  were  held  to  be  unconstitutional  in  Commonwealth  zi.  Brown,  7  Dauphin 
Co.  235, 1904;  this  act,  on  the  ground  that  its  title  was  defective,  and  that  it  was  local  legislation;  and  the 
act  of  1903,  on  the  ground  of  defective  title. 

2  This  section  was  reenacted  by  sec.  2  of  the  act  of  Apr.  n,  1903,  P.  "L,.  166. 

3  When  a  merchant  uses  scales  which  weigh  correctly,  according  to  the  standards  of  weight  prescribed 
by  the  laws  of  the  United  States,  and  of  this  State,  every  2  ounces  of  merchandise  and  multiple  thereof 
up  to  24  pounds,  the  sealer  of  weights  and  measures  (where  that  office  still  exists),  cannot   confiscate  the 
scales  because  they  are  not  graded  to  weigh  the  odd  ounces,  and  will  be  enjoined  from  confiscating  them. 
Ambrose  v.  Murphy,  52  P.  L.  J.  198,  1904. 

8578°— 12 26 


402  Laws  Concerning  Weights  and  Measures 

sec.  ii3  All  acts  or  parts  of  acts  inconsistent  herewith  be  and  the  same 

are  hereby  repealed. 

i2rupb'i6Saws'I903'Act     That  the  sum  of  two  thousand  five  hundred  dollars,  or  so  much 
intoTffe^thelwute  thereof  as  may  be  necessary,  be  and  the  same  is  hereby  specifically 
concerning  inspectors  appropriated  to  the  Secretary  of  Internal  Affairs,  for  the  purpose 
of  carrying  into  effect  section  one  and  two  of  an  act,  entitled  "An 
•    act  to  provide  for  the  appointment  of  inspectors  by  the  Governor, 
for  the  cities  of  the  first  and  second  class  of  this  Commonwealth, 
to  inspect  scales,  weights  and  measures,  and  providing  for  their 
compensation"  approved  the  twenty-sixth  day  of  June,  one  thou- 
sand eight  hundred  and  ninety -five.1 

sec.  ,  ^      be  ^      Each  inspector  shall  be  furnished  with  standard  weights,  meas- 
niSedwithstentods'ures  and  tests,  by  the  Secretary  of  Internal  Affairs  of  this  Com- 
monwealth. 

Stewart's   Purdon's     The  several  kinds  of  grain  hereafter  mentioned,  which  are  now 
Digest,  i3th  ed.,  voi.  2,  usually  Bought  and  sold  by  measure,  shall,  from  and  after  the  pass- 
sec.  6 (l8l8)          ing  of  this  act,  be  regulated  according  to  the  following  standard 
busshe\dard  wei*hts  °' weight  per  bushel,  to  wit:  The  weight  of  each  bushel  of  wheat 
shall  be  sixty  pounds;  of  each  bushel  of  rye  or  corn,  fifty-eight 
pounds;  of  each  bushel  of   barley,  forty-seven  pounds;  of  each 
bushel  of  buckwheat,  forty-eight  pounds;  and  of  each  bushel  of 
oats,  thirty-two  pounds:  Provided,  That  nothing  in  this  act  con- 
tained shall  be  so  construed  as  to  prevent  any  person  or  persons 
from  selling  and  buying  the  several  kinds  of  grain  aforesaid  by 
measure. 

(1845)  The  standard  weight  of  rye  and  Indian  corn  in  this  common- 

standard  weights  per  wealth  shall  be  fifty-six  pounds  for  each  and  every  bushel  thereof. 
Bach  and  every  bushel  of  foreign  salt  shall  be  bought  and  sold 
by  weight  per  bushel,  in  the  manner  following,  to  wit :  The  weight 
weight  oi  salt  per°f  each  bushel  of  coarse  salt  shall  be  eighty-five  pounds,  each 
bashcl  bushel  of  ground  salt,  seventy  pounds,  and  each  bushel  of  fine 

salt,  sixty-two  pounds:  Provided,  nevertheless,  That  nothing 
herein  contained  shall  be  so  construed  as  to  prevent  any  person  or 
persons  from  selling  or  buying  the  several  kinds  of  salt  aforesaid 
by  measure. 

(i5p7)  From  and  after  the  passage  of  this  act  the  weight  of  a  bushel  of 

weight  of  a  bushel  of  oats  shall  be  thhty-two  pounds. 

All  acts  or  parts  of  acts  inconsistent  herewith  are  hereby  re- 

Sec.  14  ,    j  * 

Repeal  pealed. 

pub.  Laws.  i877.  p.  AH  salt  manufactured  by  evaporation,  within  the  limits  of  this 
4°weight  of  salt  per  commonwealth,  and  put  in  packages  purporting  to  be  a  barrel,  said 
barrel  package  shall  contain  two  hundred  and  eighty  (280)  pounds  of 

salt,  and  this  exclusive  of  the  weight  of  the  package. 

1  Acts  of  Apr.  ii,  1903,  and  June  26,  1895,  declared  unconstitutional,  Stewart's  Purdon's  Digest,  vol. 
4,  p.  5084,  footnote  3. 


Pennsylvania  403 


By  the  measurer  of  corn  and  salt  :  In  performing  the  duties  en-   Stewart's 
joined  upon  him  by  law,  for  every  one  hundred  bushels  of  corn  D'  iestf          "  I64S 


62 


and  Salt,  Seven  Cents.  les6for   measuring 

By  the  deputies  of  the  said  measurer,  for  every  one  hundred  salt 
bushels  of  corn  which  they  shall  measure  and  keep  an  account  of 
agreeably  to  law,  fifteen  cents. 

And  for  every  one  hundred  bushels  of  salt  which  they  shall 
measure  and  keep  an  account  of,  ten  cents. 

It  shall  not  be  lawful  for  any  person  to  offer  or  sell  or  offer  ^J^^^ 
sale  within  the  city  of  Philadelphia  any  hay  or  straw  by  the  balep-  1826 
unless  the  exact  gross  and  net  weight  shall  be  legibly  and  dis- 
tinctly  marked  on  every  such  bale  of  hay  or  straw,  under  a  penalty 
of  ten  dollars  for  each  bale  of  hay  or  straw  sold  or  offered  for  sale,  onpenaity 
in  contravention  of  the  provisions  of  this  ordinance. 

Any  person  or  persons  within  this  commonwealth  who  shall  sell,    Sec  2  ('W* 
or  cause  to  be  sold  or  exchanged,  in  any  manner  whatsoever,  .  £ena"y  for  fraud  in 

•    i       r         1-1  •    ,'  baling  hay  and  straw 

baled  hay,  straw  or  other  material  of  a  like  nature,  by  weight, 
and  shall  include  in  the  weight  of  said  baled  hay,  straw  or  other 
substance  of  a  similar  nature,  any  concealed  or  exposed  matter, 
for  the  purpose  of  increasing  the  weight,  shall  be  deemed  guilty 
of  a  misdemeanor;  and  on  being  convicted  thereof,  shall  be  fined  Penalty 
not  exceeding  one  hundred  dollars,  and  imprisoned  not  exceeding 
six  months,  either  or  both,  at  the  discretion  of  the  court. 

Hereafter  all  baled  hay  and  straw  shall  be  properly  bound  with          (1901) 
wire,  rope  or  other  material  to  hold  it  in  bundle,  and  the  correct    correct  weight  to  be 
weight  shall  be  plainly  marked  on  each  bale. 

The  wood  or  other  material  used  in  baling  cut  hay  shall  not   fee.  4 

1     •  •    1  A.       •    1  ±  £   J.-L-  •    1-^       £    ^1_  j.'          Weight  of  baling  ma- 

exceed  in  weight  eight  per  centum  of  the  weight  of  the  entire  teriai 
bundle,  and  no  wood,  except  for  a  marking  block,  shall  be  used  in 
baling  long  hay  or  straw. 

Any  person  who  shall  mark  a  bale  of  hay  or  straw  higher  than   sec.  s 

J    *  i         i     ^^  1  •    1  p     Certain  acts  misde- 

its  actual  weight,  or  who  shall  use  more  than  eight  per  centum  of  meaner 
its  weight  of  wood  or  other  material  to  hold  it  in  bundle,  shall  be 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  fined 
not  less  than  twenty-five  dollars  nor  more  than  one  hundred 
dollars,  in  the  discretion  of  the  court  before  whom  conviction  may 
be  secured. 

All  laws   or  parts   of  laws   inconsistent  herewith  are  hereby   §«££, 
repealed. 

That  the  several  boards  of  county  commissioners  and  the  mayor    Put>.  Laws,  i9u,  P. 
of  the  several  cities  of  the  Commonwealth  may,  and  are  hereby  au-a'lec.  i 

.  1  i  r  •  Weights  and   meas- 

thonzed  to,  appoint  such  numbers  of  competent  persons  as  m-ures 
specters  of  weights  and  measures  as  they  may  deem  proper  to   Inspect 
protect  the  public  from  use  of  false  weights  and  measures,  and 
whose  duties  it  shall  be  to  faithfully  enforce  and  execute  the  laws 
of  the  Commonwealth,  now  in  existence  or  which  may  be  hereafter 


404 


Laws  Concerning  Weights  and  Measures 


Compensation 
expenses   . 


Sec.  2 
Standard  tests 


proviso  enacted  with  reference  to  weights  and  measures:  Provided,  That 

8pectorsdlct  n'the  county  inspectors  of  weights  and  measures  shall  have  no 

authority  to  inspect  weights  and  measures  in  cities,  or  to  execute 
the  laws  of  the  Commonwealth  in  regard  to  the  same,  or  the 
ordinances  of  municipalities  as  they  apply  to  cities,  within  limits 
of  their  respective  counties.  Neither  shall  the  city  inspectors  have 
any  jurisdiction  outside  of  their  respective  cities. 
and  The  compensation  and  expenses  of  such  county  inspectors 
shall  be  fixed  by  the  respective  boards  of  county  commissioners, 
and  paid  by  appropriations  directly  from  the  proper  county 
treasuries;  and  the  compensation  of  city  inspectors  shall  be  fixed 
by  ordinance,  such  compensation  and  allowances  for  expenses 
shall  be  paid  by  appropriations  made  from  the  respective  city 
treasuries. 

That  all  county  and  city  inspectors  so  appointed  shall  be  sup- 
plied, at  the  expense  of  their  respective  counties  and  cities,  with 
standard  tests  of  weights  and  measures,  in  conformity  with  those 
established  by  the  Government  of  the  United  States  or  the  Bureau 
of  Standards  of  the  State  and  the  laws  of  this  Commonwealth; 
and  to  ensure  the  accuracy  of  these  tests  they  shall  be  compared 
with  the  standard  tests  to  be  purchased  by  the  Secretary  of  Internal 
Affairs;  and,  when  so  compared  and  their  correctness  established, 
they  shall  be  so  stamped  or  marked  in  such  manner  as  may  be 
established  by  the  rules  and  regulations,  hereinbefore  referred  to, 
to  be  put  in  force  by  said  Secretary  of  Internal  Affairs  and  ap- 
proved by  the  Governor  of  the  Commonwealth. 

The  inspector  shall  take  charge  of  and  safely  keep  the  standards. 
Where  not  otherwise  provided  by  law,  the  inspectors  shall  have  the 

inspection  of  weights,  power,  within  their  respective  jurisdictions,  to  inspect,  test,  try, 

measures,  etc.  ^    j  .  .  J  ' 

and  ascertain  it  they  are  correct,  all  weights,  scales,  beams,  meas- 
ures of  every  kind,  instruments  or  mechanical  devices  for  measure- 
ment, and  the  tools,  appliances,  or  accessories  connected  with  any 
or  all  such  instruments  or  measurements,  used  or  employed  within 
the  city  by  any  proprietor,  agent,  lessee,  or  employe  in  determining 
the  size,  quantity,  extent,  area,  or  measurement  of  quantity,  things, 
produce,  articles  for  distribution  or  consumption,  offered  or  sub- 
mitted by  any  person  or  persons  for  sale,  for  hire,  or  award.  He 
may,  for  the  purpose  above  mentioned  and  in  the  general  perform- 
ance of  his  duty,  enter  or  go  into  or  upon,  and  without  formal  war- 
rant, any  stand,  place,  building,  or  premises,  or  may  stop  any 
vendor,  peddler,  junk-dealer,  coal- wagon,  ice- wagon,  or  any  dealer 
whatsoever,  for  the  purpose  of  making  proper  tests.  Whenever 
the  sealer  finds  a  violation  of  the  statute  relating  to  weights  and 
measures,  he  may  seize,  without  a  warrant,  such  weights  measures, 


Custody  of  standards 


Right  of  entry 


Seizures 


Pennsylvania  405 

or  balances  as  may  be  necessary  to  be  used  as  evidence  in  case  of 
violation  of  the  law  relative  to  the  sealing  of  weights  and  measures, 
and  they  shall  be  held  until  otherwise  directed  by  the  court. 

Whoever  himself,  or  by  his  servant  or  agent,  or  as  the  servant    sec.  3 
or  agent  of  another  person,  is  guilty  of  giving  false  or  insufficient 
weight  or  measure,  shall,  for  the  first  offense,  be  punished  by  a  fine   Penalty 
of  not  more  than  fifty  dollars ;  for  a  second  offense,  by  a  fine  of  two 
hundred  dollars,  and  for  a  subsequent  offense,  by  a  fine  of  one  hun- 
dred dollars,  and  by  imprisonment  for  not  less  than  thirty  nor 
more  than  ninety  days,  at  the  discretion  of  the  court. 

It  shall  be  unlawful  for  any  inspector  to  use  any  tests  or  stand-    Violation  Ol 
ards,  or  to  attempt  to  use  the  same,  in  ascertaining  the  correctness 
or  accuracy  of  weights  and  measures,  until  such  comparisons  are 
made  and  their  accuracy  established,  and  so  stamped  or  marked; 
and  any  inspector  violating  the  provisions  of  this  act  shall  be  guilty    pena:ty 
of  a  misdemeanor,  and  upon  conviction  therefor  shall  be  fined  not 
exceeding  one  thousand  ($1,000)  dollars,  or  undergo  imprisonment 
for  a  period  not  exceeding  one  year,  or  both  or  either,  at  the  dis- 
cretion of  the  court. 

All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this    sec.4 

j    ,1  -L         1-  i    j  Repeal 

act  be  and  the  same  hereby  are  repealed. 

79.  Every  borough  within  this  commonwealth  that  hereafter  * 
may  be  incorporated  by  an  act  of  the  general  assembly,  or  by  the  p-  ** 
court  of  quarter  sessions  of  any  county,  shall  have  power —  Boroughs,  powers  of 

5(fi  5JC  3f!  5JC  SJC  5JC  5JC 

97  XI.  To  make  all  needful  regulations  respecting  markets  andJSSJf, 
market-days,  the  hawking  and  peddling  of  market-produce  andJJS 
other  articles  in  the  borough,  and  for  the  inspection  and  measure- 
ment or  weight  of  cord- wood,  hay,  coal  and  other  articles  sold  or 
offered  for  sale  in  the  borough. 

******* 

100  XII.  To  regulate  annually  the  scales,  weights  and  measures   Power  2toJ  regulate 
within  the  borough,  according  to  the  standard  of  the  common-  measures*611 
wealth.2 

62 .  To  regulate  the  weighing  and  measuring  of  every  commodity  stewart'f  purdon's 
sold  in  the  city,  in  all  cases  not  otherwise  provided  by  law;  to  £ f^  I3th  «**•• vo1-  3» 
provide  for  and  regulate  the  inspection  and  weighing  of  hay,  aJJ^JJJd  ctassTc'orl 
grain  and  coal,  and  the  measuring  of  wood  and  fuel,  to  be  used  porate  powers  of 

'  .  ,  ..         '  j      To       regulate       the 

in  the  city,  and  to  designate  the  place  or  places  of  the  same;  and  weighing  and  measur- 

,     ,  1  M        j_i  1  t  >  •          £  i     ing  of  commodities;  sale 

to  regulate  and  prescribe  the  place  or  places  for  exposing  for  sale  Of  nay,  coai,  and  wood 
hay,  coal  and  wood,  and  to  demand  and  receive  reasonable  fees 

1  This  act  is  prospective  only.     (Commonwealth  v.  Montrose  Borough,  52  Pa.  391,  1866.) 
*  The  county  sealer  had  jurisdiction  within  the  borough,  concurrently  with  the  borough  officer.    ( Wilkes- 
barre  v.  Bloom,  i  L,uz.  L.  Obs,  148,  1861.) 


406  Laws  Concerning  Weights  and  Measures 

for  inspection,  weighing  and  measuring,  as  aforesaid,  and  for  the 
regulation  and  stamping  of  weights  and  measures.1 

stewart'f  p)purdon'S  5°.  To  regulate  the  weighing  and  measuring  of  every  commodity 
Digest,  I3th  ed.t  vol.  3.  sold  m  the  city  in  all  cases  not  otherwise  provided  by  law;  pro- 
p  Municipal  corpora- vide  for  and  regulate  the  inspection  and  weighing  of  hay,  grain 
Spate  iwmnrf  "and  coal  and  the  measuring  of  wood  and  fuel  to  be  used  in  the 
^weights  ls'city,  and  to  designate  the  place  or  places  of  the  same,  and  to  regu- 

Hay.  coal,  and  wood  jate  an(j  prescrjbe  the  place  or  places  for  exposing  for  sale  hay, 
coal  and  wood,  and  to  demand  and  receive  reasonable  fees  for 
inspection,  weighing  and  measuring  as  aforesaid,  and  for  the  regu- 
lation and  stamping  of  weights  and  measures. 

pub.  Laws,  I9n,  P.  That  in  all  cities  of  the  first  class  throughout  this  Commonwealth, 
S3s«y 1  in  the  sale  of  anthracite  coal  by  retail,  every  cart,  wagon,  or  other 

Cities  of  the  first  class  «    •         «    «•          «  i  11111  *ii 

sale  of  anthracite     vehicle  used  in  delivering  such  coal  shall  be  accompanied  by  a 

Delivery  ticket  delivery  ticket  for  the  purchaser,  which  shall  state  clearly  the 
quantity  of  coal  contained  therein,  the  name  of  the  purchaser  or 
delivery  address,  name  of  the  dealer  by  whom  sold  and  delivered, 
and  the  name  of  the  driver  in  charge. 

violations  Any  person,  firm,  or  corporation  who  shall  violate  the  provi- 

sions of  this  section,  shall,  on  complaint  of  purchaser,  be  liable  to 

Penalty  a  penafty  not  exceeding  fifty  dollars  ($50.00) ,  to  be  collected  by 

summons  issued  before  any  justice  of  the  peace  or  magistrate,  the 
action  to  be  brought  in  the  name  of  the  city  where  the  offense  is 
committed,  and  said  penalty  shall  be  paid  into  the  city  treasury. 
Upon  the  petition  of  any  twenty-five  reputable  citizens,  in  any 
city  of  the  first  class  in  this  Commonwealth,  it  shall  at  any  time 
hereafter  be  lawful  for  the  court  of  quarter  sessions,  the  territo- 
rial jurisdiction  of  which  includes  such  city,  to  designate,  by  order 

public  scales  or  decree,  as  public  scales  such  stationary  scales  as  may  be  recom- 
mended, provided,  or  located  by  such  petitioners,  with  the  con- 
sent of  owner  or  lessee  of  same,  to  whom  the  court  shall  issue  a 
^official  public  weigh- certificate  as  an  official  public  weigh-master,  and  a  sign,  as  such, 
shall  be  conspicuously  displayed  on  the  premises.  The  said 
appointment  as  such  official  weigh-master  is  to  continue,  with  all 
its  privileges,  duties,  and  obligations,  till  revoked  by  the  court,  on 
petition  of  such  weigh-master,  or  on  other  cause  shown  on  peti- 
tion to  the  court,  signed  by  ten  reputable  citizens  living  in  said 
city.  Such  weigh-stations  may  be  located  in  different  parts  of 
such  cities,  and  in  such  convenient  number  and  locality  as  shall 
be  proper  and  necessary  for  the  convenient  weighing  of  coal. 
Such  weigh-master,  or  his  agent,  for  whom  he  shall  be  responsible, 
shall  be  in  attendance  at  such  scales,  and  shall  be  entitled  to 

Fee  charge  a  fee  of  thirty  cents  ($0.30)  per  load  of  coal  weighed; 

1  See  the  acts  of  June  26,  1895,  P.  L.  386,  and  Apr.  n,  1903,  P.  I,.  165,  supra.  Municipal  corporation, 
245-251.  relative  to  inspectors  of  scales,  weights,  and  measures  in  cities  of  the  first  and  second  class,  which 
were  held  unconstitutional  in  Commonwealth  v.  Brown,  7  Daugh.  Co.,  235,  1904.  (See  p.  41,  this  book.) 


Proviso 


Sec.  3 

Bond  of  weigh-master 


Conditions 


Pennsylvania 

empty  vehicles  returning  to  such  scales  after  delivery  of  the  coal 
so  weighed  shall  be  reweighed  without  further  charge.  An  index  tadex 
of  all  scales  so  designated  shall  be  kept  for  public  inspection  in 
the  office  of  the  clerk  of  the  court  of  quarter  sessions :  Providing, 
No  person  engaged  in  the  coal  business,  or  employed  in  the  same, 
shall  be  appointed  an  official  weigh-master,  and  that  no  official 
scales  be  located  on  the  premises  where  coal  is  sold. 

Every  weigh-master  of  such  scales,  so  designated,  shall  execute 
a  bond  payable  to  the  city  in  which  such  scales  are  situate,  in  the 
sum  of  one  thousand  dollars  ($1000.00),  with  one  or  more  suffi- 
cient sureties  to  be  approved  by  the  court,  conditioned  that  said 
scale  shall  be  tested  by  a  competent  scale  maker  at  least  once 
every  three  months,  and  be  kept  at  all  times  in  condition  to  properly 
and  accurately  register  the  weight  of  coal;  and,  further,  that  the 
weigh-master  provided  for  such  scales  will  perform  his  duties 
honestly  and  faithfully,  and  will  furnish  correct  certificates  to  all 
persons  having  coal  or  coal  conveyances,  aforesaid,  weighed  at  such 
scales.  Upon  proof  that  any  of  the  conditions  of  any  such  bond 
have  not  been  complied  with,  or  have  been  violated,  the  city  to 
which  such  bond  is  given  may  recover  the  amount  thereof  in  proper 
action. 

Each  weigh-master  of  scales  thus  designated  as  weigh-stations, 
as  aforesaid,  shall  keep  a  book,  in  which  shall  be  accurately  entered, 
in  ink,  a  memorandum  of  every  load  of  coal  weighed  at  such  scales; 
showing  the  name  of  the  person,  firm,  or  corporation  delivering 
said  coal,  and  the  name  of  the  driver,  or  other  person  in  charge  of 
such  delivery;  the  net  weight  thereof,  as  shown  by  the  delivery 
ticket  herein  provided  for,  furnished  by  such  person,  firm,  or  corpo- 
ration, the  name  of  the  purchaser  thereof;  the  gross  and  net 
weight  of  the  coal  so  weighed;  the  name  of  the  weigh-master  or 
his  agent  weighing  the  same,  and  the  date  of  weighing.  Said 
book  shall  be  an  official  record,  and  all  certificates  delivered  by  official  record 
such  weigh-masters  or  their  agents  shall  be  copies  of  the  entries 
contained  therein,  and  shall  be  received  in  all  the  courts  of  this 


407 


Sec.  4 
Scale  book 


Entries 


Commonwealth  as  evidence  of  the  facts  therein  required  to  be  de^etlflcate 


as     evi- 


certified  or  entered.  It  shall  be  the  duty  of  the  county  commis- 
sioners of  such  counties  to  provide  all  official  weigh-masters 
with  blank  books  and  certificates  prepared  in  conformity  with  the 
provisions  of  this  act,  but  each  weigh-master  must  provide  his 
own  books  and  certificates  when  not  supplied  by  the  county  com- 
missioners. 

Any  weigh-master  of  such  scales,  or  any  agent  or  representative 
of  such  weigh-master,  who  shall  be  guilty  of,  or  in  any  manner  certification 
engaged  or  concerned  in,  any  false  or  fraudulent  weighing  of  coal  at 
such  scales,  or  who  shall  give  any  false  or  fraudulent  certificate  of 


weighing    or 


408 


Laws  Concerning  Weights  and  Measures 


Penalty 


Sec.  6 

Rights  of  purchaser 


Weighing  of  coal 


Certificate 


the  weight  of  coal  at  such  scales,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a 
fine  not  exceeding  five  hundred  dollars  ($500.00) ,  or  by  imprison- 
ment not  exceeding  one  year,  or  both. 

It  shall  be  the  privilege  or  right  of  any  purchaser  of  anthracite 
coal,  delivered  by  cart,  wagon,  or  other  vehicle,  in  any  of  the  cities 
of  the  first  class  of  this  Commonwealth,  before  accepting  the  same, 
to  have  all  of  said  coal  or  any  load  of  it  weighed,  at  his  expense, 
at  any  of  the  weigh-stations  designated  under  the  provisions  of 
section  two  of  this  act,  provided,  such  weigh-station  is  located 
Within  ten  city  blocks  of  the  place  of  loading  or  of  the  place  of  de- 
livery of  said  coal;  and  may  require  that  any  cart,  wagon,  or  con- 
veyance, aforesaid,  containing  coal  intended  to  be  delivered  to 
him,  shall  be  taken  by  the  driver  or  other  person  in  charge  thereof 
immediately  and  directly  to  such  scales,  for  the  purpose  of  having 
the  same  weighed;  and,  after  the  delivery  of  such  coal,  said  pur- 
chaser may  also  require  that  the  cart,  wagon,  or  conveyance, 
aforesaid,  in  which  said  coal  is  delivered,  shall  be  taken  by  the 
weighing  oi  vehicle  driver  or  person  in  charge  thereof  immediately  back  to  said  weigh- 
station,  by  the  most  direct  route  and  without  unnecessarily  stop- 
ping on  the  way,  to  be  weighed  at  the  expense  of  such  purchaser; 
and  a  certificate  of  the  weight  of  such  coal,  so  weighed  as  aforesaid, 
shall  thereupon  be  furnished  to  the  purchaser  of  said  coal  by  the 
weigh-master,  or  his  representative  at  such  scales,  at  which  such 
coal  was  so  weighed,  and  a  duplicate  of  said  certificate  shall 
thereupon  be  forwarded,  at  the  expense  of  the  weigh-master  of 
such  scales,  to  the  person,  firm,  or  corporation  delivering  said  coal : 

Provided,  That  whenever  coal  is  to  be  so  weighed,  such  purchaser 
must  allow  the  driver  in  charge  thereof  reasonable  opportunity  to 
notify  the  person,  firm,  or  corporation  selling  said  coal,  so  that  such 
person,  firm,  or  corporation,  or  a  representative  thereof,  may  be 
present  at  the  weighing,  should  they  so  desire: 

Provided  also,  however,  That  no  purchaser  shall  avail  himself  of 
the  privileges  of  this  act,  in  providing  for  the  weighing  of  his  coal, 
unless  he  shall  have  first  tendered  to  the  person  in  charge  of  the 
delivery  the  sum  of  fifty  cents  ($.50)  for  each  ton  of  coal  to  be 
weighed,  as  compensation  for  cartage  for  his  employer: 

Provided  also,  That  this  method  of  weighing  shall  not  be  binding 
on  any  purchaser  of  coal  if  he  shall  not  deem  it  convenient,  satis- 
factory, or  expeditious. 

The  refusal  of  the  seller  of  the  coal  to  allow  the  same  to  be  weighed, 
as  provided  by  this  act,  shall  render  the  person,  firm,  or  corpora- 
tion selling  the  said  coal  liable  to  a  payment  of  a  penalty  of  fifty 
dollars  ($50.00) ,  which  may  be  recovered  by  civil  action,  brought 
in  the  name  of  the  city  wherein  such  act  occurs,  before  any  justice 


Proviso 


Proviso 


Cartage 
Refusal  ol  seller 


Sec.  7 
Penalty 


Pennsylvania  409 

of  the  peace  or  magistrate;  and  which  penalty,  as  well  as  the 
amount  or  amounts  which  may  be  collected  on  the  bonds,  under 
section  three  of  this  act  shall  when  collected  be  paid  into  the 
treasury  of  said  city.  Any  police  officer  or  constable  of  any  city  Police  powers 
of  the  first  class,  when  called  upon,  shall  have  power  without 
warrant  to  arrest  any  driver  or  other  person,  charged  with  the 
delivery  of  coal  as  aforesaid,  who  shall  refuse  to  take  such  coal  to  Refusal  of  driver 
the  scales  and  permit  the  same,  or  the  wagon,  cart,  or  conveyance 
aforesaid,  to  be  weighed  in  accordance  with  the  provisions  of  sec- 
tion six  of  this  act;  and  such  driver  or  other  person  so  arrested, 
shall  be  subject  to  a  fine  or  penalty  of  five  dollars  ($5.00),  to  be  Penalty 
collected  by  summary  conviction  before  any  magistrate  or  justice 
of  the  peace,  and  when  collected  to  be  paid  into  the  city  treasury, 
and  in  default  of  payment,  such  person  so  convicted  may  be  com- 
mitted by  said  justice  of  the  peace  or  magistrate  to  the  county 
prison,  for  a  term  not  exceeding  five  days. 

Each  and  every  magistrate  or  justice  of  the  peace  in  cities  of  the 
first  class  shall  keep  a  docket,  in  which  shall  be  entered  a  full  and 
complete  record  of  the  proceedings  had  before  him  for  the  viola- 
tion of  any  of  the  provisions  of  this  act. 

All  acts  or  parts  of  acts  inconsistent  or  in  conflict  with  this  act   sec.  9 

Repeal 

are  hereby  repealed. 

This  act  shall  take  effect  sixty  days  from  the  date  of  its  approval.    Sec- io 
That  on  and  after  the  first  day  of  July,  one  thousand  nine  6P^  i*™-  w.  act 

hundred  and  seven,  it  shall  be  unlawful  for  any  person,  firm,  or5  see.  i3 

,.  re        r  i  J  j    £  Milk>      skim -milk, 

corporation  to  sell  or  offer  for  sale,  or  demand  from  any  person  and  cream 
offering  for  sale,  either  wholesale  or  retail,  within  the  State  of 
Pennsylvania,  any  milk,  skim-milk,  and  cream  according  to  any  mf^ndardof measure- 
other  standard  of  measurement  than  that  known  as  the  liquid,  or 
wine,   measure,    containing   two   hundred   and   thirty-one   cubic 
inches   to  the  gallon:  Provided,  That  nothing  in  this  act  will   P^SO 
prevent  the  sale  of  milk,  skim-milk,  and  cream  by  weight  or  per- 
centage of  butter-fat. 

Every  person,  firm,  or  corporation,  and  every  officer,  agent, 
servant,  or  employe  of  such  person,  firm,  or  corporation,  who  shall 
violate  any  of  the  provisions  of  this  act;  or  any  person,  firm  or 
corporation,  and  every  officer,  agent,  servant,  or  employe  of  such 
person,  firm,  or  corporation,  demanding,  offering,  and  receiving  a 
greater  measure  than  that  specified  in  the  first  section  of  this  act, 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  the  conviction 
thereof  in  the  court  of  quarter  sessions  of  the  proper  county,  shall 
be  sentenced  to  pay  a  fine  of  not  less  than  twenty-five  dollars  and 
not  more  than  one  hundred  dollars,  with  costs  of  prosecution,  or 
undergo  imprisonment  not  exceeding  thirty  days,  or  both,  at  the 
discretion  of  the  court. 


Sec.  2 
Violation 


Penalty 


410  Laws  Concerning  Weights  and  Measures 

All  acts  or  parts  of  acts  inconsistent  herewith  are  hereby  repealed. 
(7797)  All  loaf  bread  made  for  sale  within  this  commonwealth,  shall  be 

DJ^SheE'voKsold  by  the  pound  avoirdupois;  and  every  baker  or  other  person 
p  Bread  to  be  sold  by  offering  the  same  for  sale  shall  keep  at  his  or  her  house,  or  at 
™>ight  such  other  place  at  which  he  or  she  shall  at  any  time  offer  or 

expose  for  sale  any  bread,  sufficient  scales  and  weights,  lawfully 
regulated,  for  the  purpose  of  weighing  the  same;  and  if  any  baker 
or  other  person  shall  sell  of  offer  for  sale  any  loaf  bread,  in  any 
other  manner,  the  contract  respecting  the  same  shall  be  void;1 
and  the  person  offending  against  this  act  shall,  on  conviction,  forfeit 
Penalty  an(j  pav  the  Sum  of  ten  dollars  for  every  such  offense,  one-half  to 

the  use  of  the  informer,  and  the  other  half  to  the  use  of  this  com- 
monwealth; and  it  shall  be  the  especial  duty  of  the  clerk  of  the 
market,  in  any  place  where  such  an  officer  is  appointed,  to  discover 
and  prosecute  all  persons  offending  against  this  act. 

of  esTTth  ed^oTi8     It  snall  be  unlawful  for  any  person  or  persons  to  sell  unopened 

p.  992  '  clams  or  oysters,  within  the  city  of  Philadelphia,  in  any  other  way 

sec.  384J  7  than  by  count  or  tale ;  and  the  same  shall  be  counted  at  the  time 

beCsoidSby°ounytSorrtSaieand  place  of  sale  and  before  delivery;  and  any  person  or  persons 

in  Philadelphia         offending  against  this  section  shall  be  guilty  of  a  misdemeanor,  and 

Penalty  upon  conviction  thereof,  shall  be  sentenced  to  pay  a  fine  of  not  less 

than  twenty-five  dollars,  and  not  exceeding  one  hundred  dollars, 

or  undergo  an  imprisonment,  not  exceeding  six  months,  or  both 

at  the  discretion  of  the  court. 

pub.  Laws.  1909,  P.       Every  barrel,  bag,  pail,  parcel,  or  other  package  of  concentrated 
39lec.  i  commercial  feeding  stuffs,  as  defined  in  section  two  of  this  act, 

merc?aienfeedeing  staffs  used  for  feeding  domestic  animals,  also  condimental  stock  and 
poultry-food,  and  patented,  proprietary,  or  trade-marked  stock 
and  poultry-food,  possessing  nutritive  value  combined  with  medic- 
inal properties,  sold,  offered,  or  exposed  for  sale,  within  this  state, 
shall  have  affixed  thereto,  in  a  conspicuous  place  on  the  outside 
thereof,  a  legible  and  plainly-printed  statement  in  the  English 
language,  clearly  and  truly  certifying  the  number  of  net  pounds  of 
feeding-stuff  contained  therein,  the  name,  brand,  or  trade  mark 
under  which  the  article  is  sold ;  the  name  and  address  of  the  manu- 
facturer or  importer,  *  *  *. 

definition  The  term  " concentrated  commercial  feeding-stuff,"  as  used  in 

this  act,  shall  include  cottonseed  meals,  cottonseed  feeds,  linseed 
meals,  gluten  meals,  gluten  feeds,  pea  meals,  bran  meals,  peanut 
meals,  cocoanut  meals,  maize  feeds,  starch  feeds,  sugar  feeds,  dried 
distillers-grains,  dried  brewers-grains,  malt  sprouts,  hominy  feeds, 
cerealine  feeds,  maizeline  feeds,  rice  meals,  dried  beet  pulp,  dried- 
molasses  beet  pulp,  corn  bran,  clover  meal,  alfalfa  meal,  and  feeds, 

1  Act  is  still  in  force.    (Johnson  -a.  Kolb,  3  W.  N.  C.  273,  1876;  West  Easton  v.  Zuck.  8  North  Co.  117, 
1901.) 


Pennsylvania 

molasses  grains,  molasses  feeds,  ground  beef  or  fish  scraps,  and 
other  animal  and  vegetable  by-products,  mixtures  bearing  dis- 
tinctive names  and  all  other  mixtures  of  similar  nature,  used  for 
feeding  domestic  animals  including  poultry;  also  condimental 
stock  and  poultry-food,  and  patented  and  proprietary,  or  trade- 
marked  stock  and  poultry-food,  possessing  nutritive  value  com- 
bined with  medicinal  properties  and  mixed  feeds  other  than  pure 
grains  ground  together,  and  mixed  feeds  other  than  mixtures  of 
wheat-bran,  and  wheat  middlings,  neither  shall  it  include  hays, 
straws,  and  corn  stover,  whole  grains,  nor  the  unmixed  meals  made 
directly  from  the  entire  grains  of  wheat,  rye,  barley,  oats,  Indian 
corn,  buckwheat,  broom-corn,  flaxseed,  sugar-cane,  and  sorghum; 
nor  shall  it  include  wheat,  rye  and  buckwheat  brans,  middlings  or 
shorts,  not  mixed  with  other  substance  but  sold  separately  as  dis- 
tinct articles  of  commerce;  nor  pure  grains  ground  together;  nor 
wheat-bran  and  wheat  middlings  mixed  together,  not  mixed  with 
any  other  substance,  and  known  in  the  trade  as  "mixed  feed," 

Every  package  of  commercial  fertilizer  sold,  offered,  or  exposed    Pub-  Laws,  1909,  p. 
for  sale,  for  manurial  purposes  within  this  commonwealth,  except  34sec.  i  • 
the  dung  of  domestic  animals,  lime,  marl,  and  wood  ashes,  shall  uz«smi 
have  plainly  stamped  thereon  the  name  and  address  of  the  manu- 
facturer or  importer  and  his  place  of  business,  the  net  weight  of  the       4  weight  to  be 
contents  of  the  package,  the  brand  or  trade-name  of  the  fertilizer 
the  package  contains,     *     *     *. 

The  term  "commercial  fertilizer"  as  used  in  this  act,  shall  be 
construed  to  mean  any  and  every  substance  imported,  manufac- 
tured, prepared,  or  sold  for  fertilizing  or  manuring  purposes,  except 
the  dung  of  domestic  animals,  marl,  lime,  and  wood  ashes,  and 
not  exempt  by  the  provisions  of  section  one  of  this  act. 

Any  miner  employed  by  an  individual,  firm  or  corporation  f or  D§ 
the  purpose  of  mining  coal,  shall  be  entitled  to  receive  from  hisp-2554  (lS8) 
employer,  and  failing  to  receive,  then  to  collect,  by  due  process  of   fee.  2i 

...»  Miners  to  be  paid  for 

law,  at  such  weights  as  may  have  been  agreed  upon  between  the  the  quantity  of  coai 

employer  and  the  employed,  full  and  exact  wages  accruing  to  him™zieed' 

for  the  mining  of  all  sizes  of  merchantable  coal  so  mined  by  him, 

whether  the  same  shall  exist  in  the  form  of  nut  or  lump  coal ;  and 

in  the  adjudication  of  such  wages,  seventy-six  pounds  shall  be   weight  oi  bushel 

deemed  one  bushel,  and  two  thousand  pounds  net,  shall  be  deemed   contracts  for  measur- 

one  ton  of  coal :  Provided,  That  nothing  contained  in  this  act  shall  Jng 

be  construed  to  prevent  operators  and  miners  contracting  for  any 

method  of  measuring  and  screening  the  coal  mined  by  such  miners, 

as  they  may  contract  for.1 

1  This  proviso  would  seem  to  be  repealed  as  to  bituminous  coal  mines  by  the  act  of  July  15, 1897,  P.  L. 
286,  infra  438-440.    (See  p.  412,  this  work.) 


412  Laws  Concerning  Weights  and  Measures 

sec.  22  At  every  bituminous  coal  mine  in  this  commonwealth,  where 

Cars  to  be  of  uniform  J  ,,  ^1111  •  ±1      • 

capacity  Coal  is  mined  by  measurement,  all  cars,  filled  by  miners  or  their 

TO  be  branded  bylaborers,  shall  be  uniform  in  capacity  at  each  mine;  no  unbranded 
car  or  cars  shall  enter  the  mine  for  a  longer  period  than  three 
months,  without  being  branded  by  the  mine  inspector  of  the  dis- 

Penaity  for  violation  trict,  wherein  the  mine  is  situated;  and  any  owner  or  owners,  or 
their  agents,  violating  the  provisions  of  this  section,  shall  be  sub- 
ject to  a  fine  of  not  less  than  one  dollar  per  car,  for  each  and  every 
day,  as  long  as  the  car  is  not  in  conformity  with  this  act;  and  the 
mine  inspector  of  the  district  where  the  mine  is  located,  on  receiv- 
ing notice  from  the  check  measurer  or  any  five  miners  working  in 
the  mine,  that  a  car  or  cars  are  not  properly  branded,  or  not  uni- 
form in  capacity,  according  to  law,  are  used  in  the  mine  where  he 
or  they  are  employed,  then,  inside  of  three  days  from  the  date  of 
receiving  said  notice,  it  shall  be  his  duty  to  enforce  the  provisions 
of  this  section,  under  penalty  of  ten  dollars  for  each  and  every  day 

Exceptions  ne  permits  such  car  or  cars  to  enter  the  mine:  Provided,  That 

nothing  contained  in  this  section  shall  be  construed  or  applied  to 
those  mines  who  [that]  do  not  use  more  than  ten  cars. 

Stewart's   Purdon's     It  1  shall  be  unlawful  for  any  mine  owner,  lessee  or  operator  of 


PJ  I3    ed"  v°  '  3>  any  bituminous  coal  mine  in  this  Commonwealth,  employing  miners 
sec.  438J<?97)  at  bushel  or  ton  rates,  or  other  quantity,  to  pass  the  output  of  coal 

nousrcoTilblfore  weigh-  mme(i  by  said  miners  over  any  screen  or  other  device  which  shall 
ing  prohibited  take  any  part  from  the  weight,  value  or  quantity  thereof,  before 

the  same  shall  have  been  weighed  and  duly  credited  to  the  employee 
sending  the  same  to  the  surface  and  accounted  for  at  the  legal  rate 
of  weight  fixed  by  the  laws  of  this  Commonwealth. 
sec-  439  Any  owner,  lessee  or  operator  of  any  bituminous  coal  mine,  vio- 

Violation  of  this  «•!«,.'.<  .    .  -     ;  F.  ., 

declared  a  misde-lating  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall  upon  conviction,  for  each  and  every  such  offense 
be  punished  by  a  fine  of  not  less  than  one  hundred  ($100)  dollars 
nor  more  than  five  hundred  ($500)  dollars,  or  by  imprisonment  in 
the  county  jail  for  a  period  not  to  exceed  ninety  days,  or  by  both 
such  fine  and  imprisonment,  at  the  discretion  of  the  court;  pro- 
ceedings to  be  instituted  in  any  court  of  competent  jurisdiction. 

All  acts  or  parts  of  acts  inconsistent  herewith  be  and  the  same 
are  hereby  repealed. 

1  Constitutionality  of  this  act  questionable;  vd.  Stewart's  Purdon's  Digest,  vol.  3,  p.  2607,  note  (b). 


PHILIPPINE  ISLANDS 

That  the  metrical  system  of  weights  and  measures  as  author-  ,stat-  £•• vo1-  33.  pt-.i. 

J  r        1  <-v  C"'    I4o8>    P-  928>   P^ll. 

ized  by  sections  3569  and  3570  of  the  Revised  Statutes  of  the  T|"ff  Rev.  Law.  i9os 
United  States,  and  at  present  in  use  in  the  Philippine  Islands,    Metric  system  estab- 
shall  be  continued.  Equivalents 

The  meter  is  equal  to  39.37  inches. 
The  liter  is  equal  to  1.0567  quarts,  wine  measure. 
The  kilogram  is  equal  to  2.2046  pounds,  avoirdupois. 
The  following  abbreviations  shall  be  employed  in  the  tariff:  Abbreviations 

G.  W.     =  gross  weight. 
N.  W.     =  net  weight. 
Hectog.  =  hectogram. 
Kilo.       =  kilogram. 
Kilos.     =  kilograms. 
Hectol.  =  hectoliter. 

The  fundamental  system  01  weights  and  measures  throughout   comp.ofActsofphii. 
the  Philippine  Islands  shall,  subject  to  the  qualifications  herein- Com-  ***> ch-  336, ,P. 

,.,  f    .         ,,  1   J  *.*_*."•  -j.1    «*>:  Act  No.  1519,  Phil. 

after  contained,  be  the  system  known  as  the  metric  system,  with  com. 

the  following  Units :  Fundamental  system 

(a)  The  unit  of  length  shall  be  the  length  at  the  temperature  of  ~Meeter,Sunit™  length 
zero  degrees  centigrade  of  the  standard  measure  Numbered 
Seventy-one,  now  preserved  in  the  Bureau  of  Science  and  certified 
to  by  the  International  Bureau  of  Weights  and  Measures,  or  the 
length,  at  the  temperature  of  zero  degrees  centigrade,  of  the  inter- 
national standard  meter  established  by  the  International  Bureau  of 
Weights  and  Measures,  and  now  kept  at  Sevres,  France.  This 
length  shall  be  known  as  the  meter. 

(6)  The  unit  of  area  shall  be  either  the  square  meter,  or  an  area   Are>  unlt  °' Mea 
of  one  hundred  square  meters  known  as  the  are. 

(c)  The  unit  of  cubical  contents  or  capacity  shall  be  either  the   Liter« unit  of  capacity 
cubic  meter,  or  the  one-thousandth  part  thereof  known  as  the  liter. 

(d)  The  unit  of  weight  shall  be  the  weight  at  Manila  of  one-   Gram,  unit  of  weight 
millionth  of  a  cubic  meter  of  pure  water  at  the  temperature  of  four 

degrees  centigrade,  or  the  one-thousandth  part  of  the  standard 
kilogram  certified  to  by  the  International  Bureau  of  Weights  and 
Measures,  designated  by  the  symbol  "  L  "  and  now  preserved  in  the 
Bureau  of  Science.  The  unit  of  weight  shall  be  known  as  the  gram. 

413 


414 


Sec  2 

Use  of  metric  system 
authorized 


Sec   3 

Until  Jan.  1,  1909, 
units  of  weights 

Spanish  avoirdupois 
ounce 


— Spanish  avoirdupois 
pound 

— arroba 


— quintal 

— picul  or  pico 


— international    carat 
or  quilate 

— scale  or  balance 

Units  of  capacity 
— cavan 


— ganta 


— chupa 


apatan 


— arroba 


Units  of  length 
— Spanish  inch 

—foot 


— braza 


Laws  Concerning  Weights  and  Measures 

The  use  of  these  weights  and  measures,  with  all  their  decimal 
multiples  and  submultiples,  together  constituting  the  metric 
system,  is  hereby  authorized. 

Until  the  first  day  of  January,  nineteen  hundred  and  nine,  the 
use  of  the  following  is  authorized : 

(a)  As  a  unit  of  weight,  the  Spanish  avoirdupois  ounce  of 
twenty-eight  and  seventy-five  hundredths  grams. 

(6)  As  a  unit  of  weight,  the  Spanish  avoirdupois  pound  of  six- 
teen ounces — that  is,  of  four  hundred  and  sixty  grams. 

(c)  As  a  unit  of  weight,  the  arroba  of  twenty-five  Spanish  avoir- 
dupois pounds — that  is,  of  eleven  thousand  five  hundred  grams. 

(d)  As  a  unit  of  weight,  the  quintal  of  one  hundred  Spanish 
avoirdupois  pounds — that  is,  of  forty-six  thousand  grams. 

(e)  As  a  unit  of  weight,  the  picul  (or  pico)  of  one  hundred  and 
thirty-seven  and  one-half  Spanish  avoirdupois  pounds — that  is,  of 
sixty-three  thousand  two  hundred  and  fifty  grams. 

(/)  As  a  unit  of  weight,  the  International  carat  or  quilate  of 
two  hundred  and  five  milligrams. 

(g)  Any  scale  or  balance  graduated  in  the  above  units. 

(K)  As  a  unit  of  capacity,  the  cavan  of  seventy-five  liters.  It 
is  the  volume  of  a  cube  each  side  of  which  is  four  thousand  two  hun- 
dred and  seventeen  ten  thousandths  of  a  meter. 

(i)  As  a  unit  of  capacity,  the  ganta  of  three  liters.  It  is  the 
volume  of  a  cube  each  side  of  which  is  one  thousand  four  hundred 
and  forty-two  ten  thousandths  of  a  meter. 

(f)  As  a  unit  of  capacity,  the  chupa  of  three  hundred  and  sev- 
enty-five thousandths  of  a  liter.     It  is  the  volume  of  a  cube  each 
side  of  which  is  seven  hundred  and  twenty-one  ten  thousandths  of 
a  meter. 

(k)  As  a  unit  of  capacity,  the  apatan  of  nine  thousand  three  hun- 
dred and  seventy-five  hundred  thousandths  of  a  liter.  It  is  the 
volume  of  a  cube  each  side  of  which  is  four  thousand  five  hundred 
and  forty-three  hundred  thousandths  of  a  meter. 

(/)  As  a  unit  of  capacity,  the  arroba  of  sixteen  liters.  It  is  the 
volume  of  a  cube  each  side  of  which  is  two  thousand  five  hundred 
and  twenty-one  ten  thousandths  of  a  meter. 

(m)  As  a  unit  of  length,  the  Spanish  inch  of  two  hundred  and 
thirty-two  ten  thousandths  of  a  meter. 

(n)  As  a  unit  of  length,  the  Spanish  foot  of  twelve  inches — that 
is,  of  two  hundred  and  seventy-nine  thousandths  of  a  meter. 

(o)  As  a  unit  of  length,  the  vara  of  three  Spanish  feet — that  is, 
of  eight  hundred  and  thirty-six  thousandths  of  a  meter. 

(/>)  As  a  unit  of  length,  the  braza  of  two  varas — that  is,  of  one 
and  six  hundred  and  seventy-two  thousandths  meters. 


Philippine  Islands  415 


(q)  As  a  unit  of  area,  the  square  braza  of  two  and  seven  hun-    Square  abraza 
dred  and  ninety-five  thousandths  square  meters. 

(r)  As  a  unit  of  area,  the  lo£n  of  one  hundred  square  brazas  —   ~lota 
that  is,  of  two  hundred  and  seventy-nine  and  five-tenths  square 
meters. 

(s)  *As  a  unit  of  area,  the  balita  of  one  thousand  square  brazas  —    —  baiita 
that  is,  of  two  thousand  seven  hundred  and  ninety-five  square 
meters. 

(t)  As  a  unit  of  area,  the  qui/km  of  ten  thousand  square  brazas  —   «uinon 
that  is,  of  twenty-seven  thousand  nine  hundred  and  fifty  square 
meters. 

(u)  As  a  unit  of  area,  the  cavan  of  three  thousand  six  hundred   —  cavan 
square  brazas  —  that  is,  of  ten  thousand  and  sixty-two  square 
meters. 

In  all  measurements  involving  the  fixing  of  internal  revenue  on  Secaiculatin  value  of 
alcohol  or  its  purchase  and  sale,  the  basis  for  calculating  the  value 
of  said  alcohol  shall  be  its  percentage  purity  by  weight  as  deter- 
mined by  its  specific  gravity:  Provided,  however,  That  the  Gay- 
Lussac  alcoholometer,  which  is  standardized  at  fifteen  degrees  cen-  ™|^n|pi^ue  of  dis~ 
tigrade  and  which  reads  in  percentages  of  ethyl  alcohol  by  volume 
at  fifteen  degrees  centigrade,  may  be  used  in  determining  the  value 
of  distilled  spirits  as  defined  in  section  seventy-one  of  Act  Num- 
bered Eleven  hundred  and  eighty-nine  :  And  provided  further,  That 
nothing  in  this  Act  contained  shall  be  construed  to  repeal  any  of 
the  provisions  of  Act  Numbered  Eleven  hundred  and  eighty-nine. 

Until  otherwise  provided  by  law,  the  use  of  the  English  system   sec.  5,  as  amended  by 

e          •    1   .  j  •       j_i  i  j         i         r  *     \L          J  Pub-  Laws.  1907-1909, 

of  weight  and  measures  in  the  purchase  and  sale  of  manufactured  vol.  •,,  act  1843.  P.  4» 
lumber  is  authorized,  and  until  the  first  day  of  January,  nineteen  m^Cufartu"ed  lumber* 
hundred  and  nine,  the  use  is  authorized  of  any  scale  or  balance  untlljan-1>19°9 
graduated  in  English  avoirdupois  pounds,  together  with  the  neces- 
sary set  of  weights  therefor:  Provided,  That  said  scale  or  balance 
can  be  shown  to  have  been  in  use  in  the  Philippine  Islands  before 
the  date  of  the  passage  of  this  act. 

The  English  avoirdupois  pound  is  equal  to  four  hundred  and   English  avoirdupois 
fifty  three  and  six  tenths  grains. 

The  Secretary  of  the  Interior,  at  the  request  of  the  provincial   fee.  « 

<  j       r  J      .  j   .       ,  ,  -  Eitension  of  time  by 

board  of  any  province,  may  extend  in  that  province,  for  not  more  secretary  oi  the  interior 

than  two  years  beyond  January  first,  nineteen  hundred  and  nine, 

the  time  during  which  any  of  the  above-mentioned  scales  or  bal- 

ances, weights,  and  units  of  weights  and  measures  shall  be  author- 

ized, or  may  in  such  province  fix  the  value  of  any  other  weights  or 

measures  now  in  common  local  use,  and  authorize  their  use,  until 

not  later  than  two  years  after  January  first,  nineteen  hundred  and 

nine. 


4i  6  Laws  Concerning  Weights  and  Measures 

sec.  7  The  weights  and  measures  herein  authorized,  together  with  such 

Legal    weights    ana  .  .,  -  1       j      • 

measures  simple  multiples  and  submultiples  thereof  as  are  expressly  desig- 

nated and  recognized  as  such,  shall  be  the  only  legal  weights  and 

sealing  and  licensing  measures  >m  tke  Philippine  Islands.     These,  and  no  others,  shall 

be  officially  sealed  and  licensed. 

Metric  system  used     The  metric  system  shall  be  used  in  all  official  documents.     No 
in  an  official  documents  we-g^s  or  measures  except  those  of  the  metric  system  shall  be 
employed  in  any  contract,  deed,  or  other  document,  publicly  and 


pub?'  Laws^^S  officially  attested:  Provided  always,  That  in  ordering  commodities 
vol.  7.  act  1843,  P.  48  'or  articles  from  other  countries  the  standards  of  weights  and 
measures  commonly  used  in  such  countries  in  selling  such  com- 
modities or  articles  may  be  employed. 

And  provided  further,  That  in  the  purchase  and  sale  of  manu- 
factured lumber  the  English  system  of  weights  and  measures  may 
be  employed. 

conertor  of  internal     The  Collector  of  Internal  Revenue,  with  the  approval  of  the 
revenue  to  procure  dies,  Secretary  of  Finance  and  Justice,  shall  decide  what  dies,  stamps, 

stamps,  etc.,  for  sealing  *~  t      J.  •*.  '.  i      11  -u  j   r  «• 

weights  and  measures  brands,  stencils,  tags,  or  other  appliances  shall  be  used  for  sealing 

and  marking  weights  and  measures  and  shall  procure  the  same 

together  with  such  apparatus  for  sealing  weights  and  measures  as 

are  necessary  for  carrying  out  the  purposes  of  this  Act  and  shall 

-distribution          distribute  the  same  to  inspectors  and  sealers  of  weights  and  meas- 

-printed  forms,  etc.  ures  as  they  may  be  required.     Such  printed  forms  and  blank 

certificates  as  may  be  necessary  shall  be  prepared,  furnished,  and 

distributed  to  inspectors  and  sealers  of  weights  and  measures  by  the 

Collector  of  Internal  Revenue. 

fundamental  stand-     The  fundamental  standard  weights,  measures,  and  instruments 

ards  for  determining  specific  gravity  for  the  Philippine  Islands  shall  be 

rea^o?sciencein  Bu"  deposited  in  the  Bureau  of  Science  and  shall  be  kept  under  the 
care  and  direction  of  the  Director  of  the  Bureau  of  Science.  The 
Collector  of  Internal  Revenue  shall  call  upon  the  Director  of  the 

ard^ecco°m5arisonso?nd"  Bureau  of  Science  for  such  comparisons  of  secondary  standards 
with  the  fundamental  ones  as  he  may  deem  necessary,  and  such 
comparisons  having  been  made  in  the  Bureau  of  Science  the  sec- 
ondary standards  shall  then  be  stamped  with  or  otherwise  desig- 
nated by  an  appropriate  mark  or  seal  to  be  selected  by  the  Director 
certificate  of  the  Bureau  of  Science,  and  shall  be  accompanied  by  a  certificate 

setting  forth  the  variation  of  these  secondary  standards  from  the 

destruction^*"011  and  fundamental  ones.  If  in  the  judgment  of  the  Director  of  the 
Bureau  of  Science  such  variation  in  any  instance  is  of  sufficient 
magnitude  to  warrant  the  condemnation  of  any  such  secondary 
standard,  it  shall  be  condemned  and  destroyed  in  the  presence  of 

ardssfor  ulfof  public*"  the  Director  of  the  Bureau  of  Science  or  his  authorized  deputy.  A 
full  set  of  secondary  standards  shall  be  kept,  subject  to  the  use  of 
the  public,  in  the  provincial  building  by  each  provincial  treasurer. 


Philippine  Islands  417 

The  Collector  of  Internal  Revenue  shall  provide  for  the  frequent   fes't^g  oi  Govem- 
testing  of  all  balances,  scales,  weights,  and  measures  used  in  the  ment  balances- etc- 
Government  work  or  maintained  for  public  use  by  any  province  or 
municipality,  either  causing  them  to  be  tested  at  the  Bureau  of 
Science  or  by  such  persons  as  shall  be  designated  as  inspectors  of 
weights  and  measures  by  the  Governor-General  or  as  shall,  after 
due  authorization  by  the  Philippine  Commission,  be  appointed 
inspectors  of  weights  and  measures.     He  shall  also  be  responsible   inspection  and  can- 

.      r  «  •       •    i          j  •    •        i  bration  of  standards 

for  the  inspection  and  calibration  of  all  provincial  and  municipal 
standards  of  weight  and  measure. 

The  Purchasing  Agent  shall  keep  in  stock  a  reasonable  number   f^1^  and  meas. 
of  such  weights  and  measures  as  the  Director  of  the  Bureau  of  ures  kept  by  purchasing 
Science  shall  decide  are  best  adapted  to  serve  as  provincial  and 
municipal  standards,  and  shall  sell  such  standards  to  provinces  and  and  muSnicipami°eVsmc< 
municipalities  at  cost  plus  ten  per  centum. 

It  shall  be  the  duty  of  the  inspectors  of  weights  and  measures  ffut/of  inspectors 
to  inspect  and  test  balances  or  scales,  weights  and  measures,  and 
to  report  upon  the  condition  thereof  in  the  districts  assigned  to 
them  and  according  to  instructions  given  them  by  the  Collector  of 
Internal  Revenue,  and  it  shall  be  their  duty  to  collect  evidence  of 
any  infringement  of  this  Act  or  of  fraud  in  the  use  of  weights  and 
measures  or  of  neglect  of  duty  on  the  part  of  any  officer  engaged 
in  sealing  weights  and  measures,  and  to  present  such  evidence  at 
once  to  the  Collector  of  Internal  Revenue  and  also  to  the  proper 
prosecuting  officers. 

The  sealing  and  licensing  of  weights  and  measures  shall  be  the   f^*^  0|  weights 
duty  of  the  provincial  treasurers  and  their  deputies  and  of  theandmeasures'dutiesof 
inspector  of  weights  and  measures  of  the  city  of  Manila  and  his 
deputies,  in  their  respective  territories,  under  rules  and  regulations 
prescribed  by  the  Collector  of  Internal  Revenue  with  the  approval 
of  the  Secretary  of  Finance  *and  Justice.     For  the  purposes  of  this 
Act  these  officers  shall  be  termed  "  sealers  of  weights  and  measures." 

Sealers  of  weights  and  measures  shall  be  prepared  to  seal  and  leaihis  and  licensing 
license  without  undue  delay  any  scale  or  balance,  weight  or  measure 
which  fulfills  the  requirements  of  the  law,  and  they  shall  further- 
more appoint  and  publish  the  period  during  which  they  will  be 
present  in  each  of  the  municipalities  or  districts  within  their 
territory,  prepared  to  seal  and  license  scales  or  balances,  weights 
and  measures.  Such  period  shall  be  sufficiently  long  to  enable  the 
duty  to  be  performed  without  undue  interference  with  the  business 
of  the  municipality. 

Whenever  the  Collector  of  Internal  Revenue  learns  that  the 
weights  and  measures  in  any  place  are  not  promptly  and  satis- 
factorily sealed,  or  that  any  abuses  connected  with  the  sealing  of 

8578°— 12 27 


4i  8  Laws  Concerning  Weights  and  Measures 

-notice  to  treasurer  weights  and  measures  exist,  he  shall  notify  the  treasurer  of  the 
province  in  which  these  conditions  exist,  or  the  inspector  of  weights 
and  measures  of  the  city  of  Manila,  as  the  case  may  be,  and  he  shall 

-report  to  executive report  such  notification  and  the  causes  thereof  to  the  Executive 

secretary  _  • 

Secretary. 

All  correct  scales  or  balances,  weights  and  measures  authorized 
by  this  Act,  and  of  such  manufacture  and  in  such  condition  that 
they  furnish  as  little  opportunity  as  possible  for  the  commission  of 
fraud,  and  satisfying  all  other  requirements  prescribed  and  pub- 
lished  by  tlie  Collector  of  Internal  Revenue,  shall  be  sealed  upon 
presentation  to  the  authorized  sealer  of  weights  and  measures  and 
upon  the  payment  of  the  proper  charges. 

sec.  is  Charges  for  sealing  weights  and  measures  shall  be  made  accord- 

charges  for  sealing .  °       .  .  i_    j    1 

weights  and  measures  ing  to  the  lOllOWing  Schedule : 

—for  a  linear  meas-      (a)  por  a  linear  measure:  Not  over  one  and  one-half  meters, 

ur<a)  as  amended  june  ten  ccntavos ;  over  one  and  one-half  meters,  twenty  centavos;  for 

48,1  puba(iji^)s,Ivt)]'.  Pj.  a  linear  measure  used  in  measuring  manufactured  lumber,  not 

over  one  yard,  ten  centavos;  over  one  yard,  twenty  centavos: 

Provided,  That  for  a  linear  measure  not  in  the  metric  system  other 

than  a  measure  used  for  measuring  manufactured  lumber  the 

charge  shall  be  doubled. 

—for  a  measure  of      (£)  por  a  measure  of  capacity:  Not  over  ten  liters,  twenty 

capacity  •*•.  •'  ATM  «• 

centavos;  over  ten  liters,  thirty  centavos:  Provided,  That  for  a 
measure  over  one  liter  that  does  not  contain  an  even  number  of 
liters,  and  for  a  measure  between  one  liter  and  one  deciliter  that 
does  not  contain  an  even  number  of  deciliters,  the  charge  shall  be 
doubled. 

^--for  a  scale  or  bai-  (c)  por  a  scaie  or  balance  graduated  solely  in  the  metric  system : 
With  a  capacity  of  over  three  thousand  kilograms,  three  pesos ;  with 
a  capacity  of  over  three  hundred  and  not  over  three  thousand 
kilograms,  one  peso  and  twenty  centavos;  with  a  capacity  of  over 
thirty  and  not  over  three  hundred  kilograms,  sixty  centavos ;  with  a 
-proviso  capacity  not  over  thirty  kilograms,  thirty  centavos :  Provided,  That 

for  an  apothecary  balance  or  other  balance  of  precision  the  charge 
shall  be  doubled. 

an«%r1adsuated0rin>aa      (d)  For  a  scale  or  balance  graduated  wholly  or  partly  in  any 

system  other  than  the  other  system  than  the  metric  the  charge  shall  be  fifty  per  centum 
greater  than  for  a  scale  or  balance  of  the  same  capacity  wholly  in 
the  metric  system. 

seaTldfree01  weights  (e)  With  each  scale  or  balance  a  complete  set  of  weights  for  use 
therewith  shall  be  sealed  free  of  charge.  For  each  extra  weight  the 
charge  shall  be  five  centavos. 

Fees!9disposition  of  All  f ees  collected  for  sealing  and  inspecting  weights  and  measures 
shall  be  considered  as  internal  revenue  and  shall  be  disposed  of  as 
provided  in  section  one  hundred  and  forty-nine  of  Act  Numbered 


Philippine  Islands  419 

Eleven  hundred  and  eighty-nine  for  the  disposition  of  the  proceeds 
of  the  poll  or  cedula  personal  tax. 

After  the  thirty-first  day  of  December,  .nineteen  hundred  and   sec.  20,  as  amended 
seven,  no  person  who  makes  a  practice  of  buying  and  selling  goods  *^vo\.  ^t'^v. 
of  any  description  may  procure  the  sealing  of  any  linear  measure  48Aiter  Dec.  31, 1907 
of  any  other  system  than  the  metric,  unless  he  has  had  sealed  me^uares,g etc?1  ltaear 
within  twelve  months  a  linear  measure  of  the  metric  system,  nor 
shall  he  procure  the  sealing  of  any  measure  of  capacity  of  any  other 
system  than. the  metric,  unless  he  has  had  sealed  within  twelve 
months  one  measure  of  capacity  of  the  metric  system:  Provided, 
That  the  provisions  of  this  section  shall  not  apply  to  buyers  and^110^ 
sellers  of  manufactured  lumber.  lumber 

Payment  for  the  sealing  of  scales  and  balances,  weights  and  %£•"  tor 
measures  shall  be  made  according  to  the  schedule  herein  contained 
by  internal-revenue  stamps,  which  shall  be  affixed  to  the  proper 
certificate  or  receipt  in  such  a  manner  and  by  such  persons  as  shall 
be  prescribed  by  the  Collector  of  Internal  Revenue.  The  certifi- 
cate  or  receipt  so  prescribed  shall  serve  as  a  license  to  use  for  one 
year  from  date  of  sealing  said  scales  and  balances,  weights  and 
measures,  provided  that  they  suffer  no  deterioration  or  damage. 
Said  certificate  or  receipt  shall  be  kept  by  the  person  to  whom  it 
has  been  issued  and  shall  be  exhibited  on  the  demand  of  any  author- 
ized sealer  or  inspector  of  weights  and  measures. 

No  scale,  balance,  weight,  or  measure  offered  for  sealing,  which  ^Aect  scales  bai- 
is  found  by  the  sealer  to  be  incorrect,  or  which  otherwise  fails  to  ances,  etc. 
satisfy  the  requirements  prescribed  and  published  by  the  Collector 
of  Internal  Revenue,  shall  be  sealed  until  corrected  or  made  to 
satisfy  the  above-mentioned  requirements.  Sealers  and  inspectors 
of  weights  and  measures  shall  render  to  owners  of  scales,  balances, 
weights,  or  measures  found  to  be  incorrect  or  otherwise  failing  to 
satisfy  the  requirements  prescribed  and  published  by  the  Collector 
of  Internal  Revenue,  such  assistance  in  correcting  or  modifying 
such  scales,  balances,  weights,  or  measures  as  they  may  be  able  to 
give. 

Sealers  of  weights  and  measures  shall  procure  internal-revenue   sec.a3 

*  J.1/-VH  P  T    >  1-r-v  •  • ,     1  i  Stamps  procured  by 

stamps  from  the  Collector  of  Internal  Revenue  in  suitable  quan- sealers 
tities,  shall  give  receipts  therefor,  and  shall  be  responsible  for  the 
return  of  said  stamps  or  their  face  value  in  money  on  the  demand 
of  the  Collector  of  Internal  Revenue. 

Sealers  of  weights  and  measures  shall  keep  a  record  of  all  scales   sec.  24 

P  ,   t  11.  1      Record  to  be  kept  by 

or  balances,  weights  or  measures  sealed  or  rejected  by  them  and  sealers 
of  all  licenses  and  certificates  issued  and  of  the  names  of  the 
licensees  and  of  all  charges  paid  by  the  affixture  of  internal-revenue 
stamps,  and  they  shall  permit  the  inspection  of  this  record  by  any 
inspector  of  weights  and  measures  or  any  authorized  representative   —inspection 


420 


Laws  Concerning  Weights  and  Measures 


inspectors 


of  the  Insular  Auditor.     They  shall  furnish  such  information  to 
the  Collector  of  Internal  Revenue  or  the  Insular  Auditor  as  may 
from  time  to  time  be  required. 
§f;  «  If  at  any  time  the  purposes  of  this  Act  are  frustrated  by  the 

furcnase  01  weiguis  j  .<•«  e  11  11-11 

and  measures  by  BU-^C^  of  suitable  weights  and  measures  for  sale  by  public  dealers 

reau  of  internal  reve-  .          °l1        /-AH,  r  T    A  -IT*  '^1 

nue  at  reasonable  prices,  the  Collector  of  Internal  Revenue  may,  with 

the  approval  of  the  Secretary  of  the  proper  Department,  obtain 
through  the  Purchasing  Agent  such  accurate  weights  or  measures 
as  may  be  needed,  and  cause  them  to  be  distributed  and  offered  for 
-sale  by  sealers  and  sale  by  sealers  and  inspectors  of  weights  and  measures  at  a  price 
not  to  exceed  twenty  per  centum  above  their  cost  to  the  Bureau  of 
Internal  Revenue  at  the  place  of  delivery.  Sealers  and  inspectors 
shall,  however,  make  it  distinctly  understood  that  the  purchase  of 
said  weights  or  measures  is  in  no  sense  compulsory,  and  that  no 
inducement  for  their  purchase  is  offered  except  such  as  is  apparent 
from  their  price  or  construction.  No  regulations  or  restrictions 
shall  be  made  in  favor  of  said  weights  and  measures  to  the  detri- 
ment of  other  vendors  of  weights  and  measures. 
violations  b  Govern-  Any  Insular,  provincial,  or  municipal  officer  or  employee  charged 

ment  officers  and  em-with  the  inspecting  or  sealing  of  weights  and  measures  who 
attempts,  commits,  aids,  knowingly  permits,  or  suffers  through 
neglect  of  his  duties  any  infringement  of  this  Act,  or  the  perpetra- 
tion of  any  fraud  in  the  inspecting,  or  sealing,  or  use  of  weights  and 
measures,  or  who  fails  to  report  to  the  proper  authorities  his  knowl- 
edge or  reasonable  suspicion  that  any  such  infringement  or  fraud 
has  been,  is  being,  or  is  to  be  practiced  or  attempted,  or  who  sells 
or  furnishes  internal-revenue  stamps  at  more  or  less  than  their  face 
value,  or  who  knowingly  demands  the  affixture  of  internal-revenue 
stamps  in  greater  or  less  amount  than  that  required  by  law,  or  who 
practices  any  other  extortion  or  unfair  discrimination,  or  who  asks 
or  accepts,  in  connection  with  the  discharge  of  his  official  duites, 
any  money,  gift,  or  privilege,  except  money  taken  in  exact  payment 
for  internal-revenue  stamps  as  herein  provided,  or  who  makes  use 
for  the  gain  of  himself  or  another  of  any  information  obtained  in 
the  discharge  of  his  duties,  or  of  any  power  derived  from  his  official 
position,  or  who  knowingly  makes  any  false  official  report,  or  who 
is  interested  in  the  manufacture  or  sale  of  any  scale  or  balance, 
weight  or  measure,  except  as  herein  provided,  shall  be  punished  by 
a  fine  not  exceeding  one  thousand  pesos  or  by  imprisonment  for  not 
exceeding  two  years,  or  by  both  such  fine  and  imprisonment  in  the 
discretion  of  the  court. 

Any  person  who  fraudulently  imitates  any  mark,  stamp,  brand, 
tag,  or  other  characteristic  sign  used  to  indicate  that  weights 
and  measures  have  been  officially  sealed  ;  or  who  alters  in  any  way 
the  certificate  given  by  the  sealer  as  an  acknowledgement  that 


— punishment 


Sec.  27 
Fraud 


Philippine  Islands  421 

the  weights  and  measures  mentioned  therein  have  been  duly  sealed, 

or  who  makes  or  knowingly  sells  or  uses  any  false  or  counterfeit 

stamp,  certificate  or  license,  or  any  die  for  printing  or  making 

stamps,  certificates  or  licenses,  which  is  an  imitation  of  or  purports 

to  be  a  lawful  stamp,  certificate  or  license  of  the  kind  required  by 

the  provisions  of  this  Act,  or  who  erases  the  cancellation  marks  on 

any  stamp,  certificate,  or  license  previously  used,  or  who  alters  the 

written  or  printed  figures  or  letters  or  cancellation  marks  on  any 

stamp,  certificate,  or  license  used  or  issued,  or  who  has  in  his 

possession  any  such  false,  counterfeit,  restored,  or  altered  stamp, 

certificate,  or  license  for  the  purpose  of  use  or  reuse  of  the  same 

in  the  payment  of  fees  or  charges  imposed  in  this  Act,  or  in  securing 

any  exemption  or  privilege  conferred  by  the  provisions  of  this  Act, 

or  who  procures  the  commission  of  any  such  offenses  by  another, 

shall  for  each  such  offense  be  fined  not  less  than  two  thousand  pesos   -punishment 

nor  more  than  ten  thousand  pesos  and  shall  be  imprisoned  for  not 

less  than  one  year  nor  more  than  five  years,  in  the  discretion  of  the 

court. 

Any  person  who  uses  in  the  purchase  or  sale  of  anything  any   f£  208,  scale  or  ^ 
scale  or  balance,  weight  or  measure  that  has  not  been  officially  ^^wj^™^- 
sealed  within  twelve  months,  or  who  fails  to  exhibit  his  license  on  cwdance'wiih  law  a 
the  demand  of  any  authorized  sealer  or  inspector  of  weights  and 
measures,  shall  be  punished  by  a  fine  not  exceeding  five  hundred 
pesos  or  by  imprisonment  for  not  exceeding  one  year,  or  by  both 
such  fine  and  imprisonment  in  the  discretion  of  the  court :  Provided,   -Punlsnment 
however,  That  if  the  judge  shall  ascertain  that  the  person  using  such 
unsealed  scale  or  balance,  weight  or  measure  or  failing  to  exhibit  a 
license  as  above  provided  has  lived  in  such  remote  regions  that  it 
has  been  impracticable  for  him  to  procure  the  official  sealing  or  to 
obtain  the  license  required,  no  penalty  shall  be  imposed. 

Any  person  making  a  practice  of  buying  or  selling  by  weights  or   §*?,• 2* 

«       «          •      «  •  •  *  Failure     to     present 

measures,  who  has  in  his  possession  any  scale  or  balance,  weight  or  scales,  etc.,  for  sealing 
measure  which  has  not  been  presented  for  sealing  at  the  first 
official  opportunity  therefor,  or  who  fails  to  exhibit  all  the  scales 
or  balances,  weights  or  measures  in  his  possession  at  the  demand  of 
any  authorized  sealer  or  inspector  of  weights  and  measures,  shall 
be  fined  not  exceeding  one  thousand  pesos;  this  fine  to  be  addi- 
tional to  any  penalty  which  may  be  imposed  by  the  application  of 
the  section  next  preceding:  Provided,  however,  That  the  Secretary  -proviso 
of  Finance  and  Justice  may,  in  his  descretion,  grant  a  permit  to  a 
merchant  or  dealer  who  has  scales,  balances,  weights,  or  measures 
in  his  possession  at  the  time  of  the  passage  of  this  Act  for  the 
purposes  of  sale  only  to  retain  in  his  possession  such  scales,  bal- 
ances, weights,  or  measures  without  sealing  until  the  same  shall  be 
sold  or  otherwise  disposed  of  for  actual  use. 


422  Laws  Concerning  Weights  and  Measures 

sec.  3o  Any  person  who,  with  fraudulent  intent,  alters  any  scale  or 

Use  of  false  scales,  J     f  <•,•••          re    •    11  1    "j  1 

etc.  balance,  weight  or  measure  after  it  is  officially  sealed,  or  who 

knowingly  uses  any  false  scale  or  balance,  weight  or  measure, 
whether  sealed  or  not,  or  who  fraudulently  represents  the  weight  or 
measure  of  anything  to  be  greater  or  less  than  it  is,  shall  be  pun- 
ished by  a  fine  of  not  less  than  two  hundred  pesos  nor  more  than 
four  thousand  pesos  or  by  imprisonment  for  not  less  than  three 
months  nor  more  than  two  years,  or  by  both  such  fine  and  imprison- 
ment in  the  discretion  of  the  court. 

parent  to  informer  Any  person,  except  an  internal-revenue  agent  or  officer  or  other 
public  official  engaged  in  sealing  or  inspecting  weights  and  meas- 
ures, who  voluntarily  gives  information  leading  to  the  arrest  and 
conviction  of  anyone  violating  this  Act  shall  be  rewarded  in  the 
sum  of  twenty  pesos  or  in  the  sum  of  one  hundred  pesos  if  the 
person  convicted  is  a  public  officer  or  employee  concerned  with  the 
.sealing  or  inspecting  of  weights  and  measures,  or  any  officer  or 
employee  of  the  Bureau  of  Internal  Revenue.  The  informer  shall 
be  ascertained  and  stated  in  the  judgment  of  the  court,  and  the 
reward  shall  be  paid  by  the  provincial  treasurer  of  the  province  in 
which  the  arrest  and  conviction  is  had  out  of  collections  accruing 
to  that  province  by  virtue  of  the  provisions  of  this  Act,  and  the 
sums  so  paid  shall  be  deducted  from  the  receipts  before  the  same 
are  distributed  between  the  province  and  its  municipalities. 
contracts  unaffected,  No  contract  made  before  January  i,  1907,  shall  be  affected  by 

when  the  provisions  hereof. 

p!     The  volume  of  all  round  timber  shall  be  ascertained  by  multi- 


pMcom.chii4,  p! 

48|ec.  1149  plying  the  area  of  the  small  end  by  the  length  of  the  log.     The 

^Measurement  of  tim-voiume  of  Q]\  squared  timber  shall  be  ascertained  by  multiplying 
the  average  cross  section  by  the  length,  to  which  twenty-five  per 
centum  shall  be  added  for  loss  in  squaring.  The  volume  of  all 
sawn  timber  shall  be  ascertained  by  multiplying  the  average  cross 
section  by  the  length,  to  which  fifteen  per  centum  shall  be  added 
for  loss  in  sawing. 

Phu.'com!fi9otcps  £     Tnat  for  tne  purposes  of  this  chapter  an  article  shall  also  be 
s«c-  8i8  '  deemed  to  be  misbranded  : 

If  in  the  package  form,  and  the  contents  are  stated  in  terms  of 
weight  or  measure,  they  are  not  plainly  and  correctly  stated  on  the 
outside  of  the  package. 


PORTO   RICO 


The  metric  system  and  the  nomenclature  thereof  shall  obtain 
throughout  Porto  Rico. 

The  standard  meter  is  the  unit  of  standard  measure  or  length 
and  surface  from  which  all  other  measures  of  extension  whether 
lineal,  superficial,  or  solid,  are  derived  and  ascertained. 

The  meter  is  divided  into  ten  equal  parts  called  decimeters,  into 
one  hundred  equal  parts  called  centimeters,  and  into  one  thousand 
equal  parts  called  milimeters  [millimeters]. 

The  decameter  contains  ten  meters,  the  hectometer  one  hundred 
meters,  the  kilometer  one  thousand  meters  and  the  myriameter 
ten  thousand  meters. 

The  hectare  for  land  measure  must  be  measured  horizontally 
and  contains  ten  thousand  square  meters,  the  are  contains  one 
hundred  square  meters,  and  the  centare  one  square  meter. 

The  standard  liter  and  its  parts  are  the  units  or  standards  of 
measure  of  capacity  for  liquids,  from  which  all  other  measures  of 
liquids  are  derived  and  ascertained. 

The  liter  is  divided  into  ten  equal  parts  called  deciliters,  and 
into  one  hundred  equal  parts  called  centiliters,  and  into  one  thou- 
sand equal  parts  called  milliliters. 

A  decaliter  contains  ten  liters,  a  hectoliter  one  hundred  liters, 
and  a  kiloliter  one  thousand  liters. 

The  unit  of  cubic  measure  or  value  is  the  standard  cubic  meter 
or  stere,  this  being  a  cube  whose  edge  is  one  meter  in  length. 

The  cubic  meter  or  stere  contains  1,000  cubic  decimeters;  the 
cubic  decimeter  i  ,000  cubic  centimeters,  and  the  cubic  centimeter, 
1,000  cubic  millimeters. 

The  standard  gram  is  the  unit  or  standard  of  weight,  from 
which  all  other  weights  are  derived  and  ascertained. 

The  gram  is  divided  into  ten  equal  parts  called  decigrams,  into 
one  hundred  equal  parts  called  centigrams  and  into  one  hundred 
[thousand]  equal  parts  called  miligrams  [milligrams]. 

A  decagram  contains  ten  grams,  a  hectogram  one  hundred 
grams,  a  kilogram  one  thousand  grams,  a  myriagram  ten  thousand 
grams,  a  quintal  one  hundred  thousand  grams,  and  a  millier  one 
million  grams. 


Polit.  Code.  1902 

Sec.  230 

Metric  system  estab- 
lished 

Sec.  231 

The  standard  for 
measures  of  extension 


Sec.  232 
Subdvisions 


Sec.  233 
Multiples 


Sec.  234 

Land  measures 


Sec.  235 

The  unit  of  capacity 


Sec.  236 


dec.  236 
Subdivisions 


Sec.  237 
Multiples 


Sec.  238 
Cubic  measure 


Sec.  239 
Cubic  measure 


Sec.  240 
Unit  of  weight 


Sec.  241 
Subdivisions 


Sec.  242 
Multiples 


433 


424  Laws  Concerning  Weights  and  Measures 

a£ta£ts    tavolving     Contracts  made  within  Porto  Rico  for  work  to  be  done,  or  for 
weights  or  measures    anything  to  be  sold  or  delivered  by  weight  or  measure,  must  be 

construed  according  to  the  foregoing  standards. 

ceustod4  of  the  stand-     The  authorized  standards  shall  be  kept  in  the  office  of  the 
ardsU8°  "Treasurer  of  Porto  Rico  and  every  city  and  village  shall  keep  a 

set  of  regulating  standards  for  purposes  of  verification. 

sec.  245  The  Treasurer  of  Porto  Rico  shall  exercise  supervision  over  the 

wfighteeandsmeasures  system  of  weights  and  measures  and  shall  send  an  inspector  to 

make  investigations  whenever  he  deems  it  advisable. 

sec.  246  The  penalties  for  using,  marking  or  stamping  false  weights  and 

measures,  or  selling  therewith,  shall  be  as  provided  for  in  the 
Penal  Code. 
penai  code,  1902          *    *    *     Kvery  person  who  in  putting  up  in  any  bale,  bag,  box, 

Sec.  474.  as  amended  ,  J   \  ti,  a  •  it 

by  i*ws.  1908,  p.  93  barrel  or  other  package  any  sugar,  tobacco,  coffee,  rice,  or  other 
goods  usually  sold  in  bales,  bags,  boxes,  barrels  or  other  packages, 
by  weight  or  otherwise,  puts  in  or  conceals  therein  any  extraneous 
whatever  for  the  purpose  of  fraudulently  increasing  the 
weight  or  measurement  of  such  bale,  bag,  box,  barrel  or  other 
package  with  intent  thereby  to  sell  the  goods  therein,  or  to  enable 
another  to  sell  the  same,  for  more  than  the  actual  weight  or  meas- 
urement of  such  goods,  is  punishable  by  fine  not  less  than  twenty  - 
five  dollars  for  such  offense,  or  confined  in  jail  for  not  less  than 
thirty  days  or  by  both  fine  and  imprisonment  in  the  discretion 
of  the  court. 

iaise48°weights  and     A  false  weight  or  measure  is  one  which  does  not  conform  to  the 
measures  standard  established  by  law. 

penalty  for  using  Every  person  who  uses  any  weight  or  measure,  knowing  it  to  be 
false,  by  which  use  another  is  defrauded  or  otherwise  injured,  shall 
be  punished  by  imprisonment  for  not  exceeding  six  months  or  by 
fine  not  exceeding  two  hundred  dollars,  or  by  both. 

Penalty  lor  marking     Every  person  who  knowingly  marks  or  stamps  false  or  short 
«1packaeg!sts  °n  e"k"  weight  or  measure,  or  false  tare,  on  any  cask  or  package,  or  know- 
ingly sells  or  offers  for  sale,  any  cask  or  package  so  marked,  shall 
be  punished  by  imprisonment  for  not  exceeding  six  months  or  by 
fine  not  exceeding  two  hundred  dollars,  or  by  both. 

i  "weight  and  In  all  sales  of  sugar,  coal,  and  other  commodities,  usually  sold 
st  be  given  by  ton  or  fractional  parts  thereof,  the  seller  must  give  to  the  pur- 
chaser full  weight,  and  any  person  violating  this  section  shall  be 
punished  by  imprisonment  for  not  exceeding  six  months  or  by 
fine  not  exceeding  two  hundred  dollars,  or  by  both. 

penalty  In  all  sales  of  merchandise,  wares,  articles  of  food  or  drink  or 

whatever  else  is  purchased  by  weight  or  measure,  the  seller  must 
give  to  the  purchaser  full  weight  or  measure,  and  any  person  vio- 
lating this  section  shall  be  punished  by  imprisonment  not  exceed- 
ing six  months  or  by  fine  not  exceeding  two  hundred  dollars,  or  by 
both. 


measure  must 


RHODE  ISLAND 

The  weights,  measures  and  balances  received  from  the  United   Gen          l909t  <*. 
States,  and  now  in  the  custody  of  the  state  sealer,  and  such  new  19j!;e(P  I63° 
weights,   measures  and  balances  as  shall  be  received  from  the  mfa™?easrd  °andeigbai- 
United  States  as  standard  weights,  measures  and  balances  in  addi-  ances  established 
tion  thereto  or  in  renewal  thereof,  shall  be  the  authorized  stand- 
ards by  which  all  town  standards  of  weights  and  measures  shall 
be  tried,  proved  and  sealed. 

There  shall  be  a  state  sealer  of  weights,  measures,  and  bal- ps^- ^.^amended by 
ances,  who  shall  be  sworn  to  the  faithful  performance  of  his  duty.  ^{^  8ealer  0{ 
At  the  January  session  of  the  general  assembly  in  the  year  A.  D.  weights,  measures,  and 

1    •  i     r-  r,  1  ,1  P,  j  1  VLI     j.1  j    balances 

1911,  and  in  each  fifth  year  thereafter,  the  governor,  with  the  ad- 
vice and  consent  of  the  senate,  shall  appoint  some  person  to  suc- 
ceed the  person  then  holding  such  office;  and  the  person  so  ap- 
pointed shall  hold  his  office  until  the  first  day  of  February  in  the 
fifth  year  after  his  appointment.  Any  vacancy  which  may  occur 
in  said  office  when  the  senate  is  not  in  session  shall  be  filled  by  the 
governor  until  the  next  session  thereof,  when  he  shall,  with  the 
advice  and  consent  of  the  senate,  appoint  some  person  to  fill  such 
vacancy  for  the  remainder  of  the  term. 

The  state  sealer  shall  have  the  exclusive  custody  and  control  of  gj^  0,  the  state 
the  standards  so  received  by  the  state  from  the  United  States, sealer 
which  standards  shall  be  kept  in  a  suitable  fire  proof  place  to  be 
provided  by  the  state.  He  shall  have  the  oversight  of  all  the 
standards  furnished  by  the  state  to  the  various  towns  and  cities, 
and  shall  keep  a  complete  list  of  the  same  and  shall  see  that  they 
are  kept  in  good  order  and  repair.  He  shall  also  keep  the  standards 
belonging  to  the  state,  furnished  by  the  United  States,  in  perfect 
order,  and  shall  keep  a  complete  list  of  the  same,  and  shall  take 
a  receipt  for  the  same  from  his  successor  in  office.  His  office  shall 
be  kept  open  at  least  two  specified  days  in  each  week.  He 
shall  try,  prove  and  seal  all  town  standards  of  weights,  measures 
and  balances  brought  to  him  for  that  purpose,  the  compensation 
for  which  is  hereinafter  provided. 

The  state  sealer  shall  furnish  a  set  of  standards  of  weights,  meas-   fg-«,  standards  for 
ures  and  balances,  at  such  cost  as  he  may  deem  proper,  to  each town^ when  and  how 
city  or  town  that  in  his  judgment  shall  not  have  a  suitable  set,  the 
same  to  be  paid  for  by  the  state  on  the  order  of  the  state  auditor 

425 


426  Laws  Concerning  Weights  and  Measures 

on  the  general  treasurer,  the  said  set  to  consist  as  follows:  one 
even  balance  of  the  capacity  not  less  than  one  hundred  pounds; 
one  brass  yard-gauge;  five  iron  dry  measures,  one  each  of  the  fol- 
lowing capacities:  one-half  bushel,  one  peck,  one-half  peck,  two 
quarts,  and  one  quart;  six  iron  wine  measures,  one  each  of  the  fol- 
lowing capacities:  one  gallon,  one-half  gallon,  one  quart,  one  pint, 
one-half  pint,  and  one  gill;  five  iron  ring  weights,  avoirdupois 
standard,  one  each  as  follows:  fifty  pounds,  twenty-five  pounds, 
twenty  pounds,  ten  pounds,  and  five  pounds;  ten  brass  weights, 
avoirdupois  standard,  one  each  as  follows:  four  pounds,  two 
pounds,  one  pound,  eight  ounces,  four  ounces,  one  ounce,  one-half 
ounce,  one-quarter  ounce,  one-eighth  ounce,  one-sixteenth  ounce; 
together  with  a  suitable  case  or  cabinet  to  contain  the  same.  He 
Towns  and  cities  to  shall  also  furnish  each  town  and  city,  at  the  expense  of  the  said 
3  town  or  city,  a  portable  even-balance  scale,  with  a  set  of  weights 
•and  measures,  to  be  used  by  the  said  town  or  city  sealers  in  the 
discharge  of  their  duties  as  hereinafter  provided. 

inspection   by  the     ^e  state  sealer  may,  in  the  discharge  of  his  duties,  inspect  the 
state   sealer.  Record  weights,  measures  and  balances  of  any  person  or  persons,  which 

aod  report  thereof  j    r  11-  1          j- 

are  used  for  selling  any  goods,  wares,  merchandise  or  other  com- 
modities, or  for  public  weighing  in  any  town  or  city  in  this  state, 
and  if  he  finds  the  same  to  be  inaccurate  he  shall  forthwith  inform 
the  mayor  of  the  city  or  the  president  of  the  town  council,  as  the 
case  may  be,  and  such  mayor  or  president  shall  at  once  call  the 
attention  of  the  town  or  city  sealer  thereto.  The  state  sealer  shall 
keep  a  record  in  detail  of  the  towns  and  cities  visited  by  him  in  the 
performance  of  his  duties;  of  the  weights,  measures  and  balances 
tested  and  sealed  by  him;  and  he  shall  annually,  during  the  first 
week  in  December,  make  a  report  to  the  governor  of  his  doings  for 
the  year. 


Town  sealer  to  send     ^e  sea*er  °f  tne  different  towns  and  cities  shall  make  an  inven- 


statetseLermnuany  to  ^ory  °^  ^e  wei§nts,  measures  and  balances  furnished  by  the  state 
and  the  condition  of  the  same,  on  a  blank  prepared  for  that  pur- 
pose, in  the  month  of  October  of  each  year,  and  shall  forward  the 
same  to  the  state  sealer  of  weights  and  measures. 

DeCPu7ty  town  sealers  The  different  town  councils  of  the  several  towns,  and  the  boards 
of  aldermen  of  cities,  may  appoint,  upon  recommendation  of  their 
respective  town  or  city  sealers,  one  or  more  persons  as  deputy-seal- 
ers of  their  town  or  city,  who  shall  assist  the  said  town  or  city 
sealer  and,  in  the  absence  from  duty  of  such  town  or  city  sealer, 
shall  perform  all  the  duties  of  town  or  city  sealer  as  may  be  re- 
quired of  them  for  the  time  being. 

to  take      Bvery  town  or  city  sealer  shall,  at  the  expense  of  his  town  or  city, 
,T^a?:Provide  thereiP  a  suitable  place  for  the  safe  keeping  and  preserva- 

ances  furnished  by  the  tion  of  the  weights,  measures  and  balances  furnished  by  the  state, 
which  shall  be  used  only  as  standards,  and  shall  not  be  taken  from 


sealer 


Rhode  Island  427 

the  office.  He  shall  have  the  care  and  oversight  thereof;  shall  see 
that  they  are  kept  in  good  order  and  repair;  and  if  any  portion  of 
them  are  lost,  damaged  or  destroyed,  shall,  at  the  expense  of  the 
town  or  city,  replace  the  same  by  similar  weights,  measures  or  bal- 
ances. He  shall  procure,  at  the  expense  of  his  town  or  city,  a  suit- 
able set  of  sealing  stamps  for  stamping  dry  and  wine  measures, 
with  the  date  of  the  year  thereon,  and,  for  coal  and  wood  baskets, 
a  branding  iron,  with  letters  not  less  than  one-half  inch  high  and 
the  date  of  the  year  thereon. 

Every  town  or  city  sealer  who  neglects  to  provide  a  suitable   lenity  for  neglect 
place  for  keeping  such  weights,  measures  or  balances,  or  suffers 
any  of  them  through  his  neglect  to  be  lost,  damaged  or  destroyed, 
shall  be  fined  the  sum  of  not  less  than  twenty  nor  more  than  fifty 
dollars. 

Every  town  or  city  sealer  shall,  once  at  least  in  every  three  years,   Town0  standards  are 
have  the  standard  weights,  measures  and  balances  in  his  custody  ^^  abdyiusthe  US* 
tried,  adjusted  and  sealed  by  the  state  sealer,  who  shall  receive  assealer 
compensation  therefor  the  sum  of  fifteen  dollars,  which  sum,  to- 
gether with  the  necessary  expenses  incurred  by  him  in  so  perform- 
ing such  service,  shall  be  paid  by  the  town  or  city  to  which  such 
set  of  standards  belongs. 

Every  town  or  city  sealer  shall  annually,  at  the  expense  of  his  i£wnseaiertoadver- 
town  or  city,  advertise  or  post  up  notifications  in  public  places  in  ^yjgf"^  Be£s!£|  i°nf 
different  parts  of  his  town  or  city,  for  every  person  engaged  in  the  trade 

j         r  t.        •  11-  i_i-  -i.  1_  •    t-4.        Annual  sealing 

.trade  of  buying  or  selling,  or  as  a  public  weigher,  who  uses  weights 
and  measures,  to  bring  in  within  a  certain  time,  in  each  notifica- 
tion limited,  being  not  less  than  one  month  from  the  date  of  such 
notification,  his  weights,  measures,  balances  and  scales  to  be  ad- 
justed and  sealed,  and  he  shall  forthwith  adjust  and  seal  all  weights 
and  measures  brought  to  him  for  that  purpose. 

After  the  expiration  of  the  time  limited  in  the  notification  which   sec  «  as  amended 

1  j.     v          •  •      I.-L.  j-  A.-          ±-L.  i  r          •    1,4.    by  Pub.  Laws,  1899,  ch. 

is  required  to  be  given  in  the  preceding  section,  the  sealer  of  weights  6i5,  P.  i<6 

.    c  .,          ,      ,,       .    .,     ...  r  iT      •        Sealer   to    seal 

and  measures  in  every  town  or  city  shall  visit  the  places  of  busi- weights,  measures, 
ness,  and  enter  upon  the  carts,  wagons,  and  other  vehicles  then  in sci 
use  for  business,  of  all  the  persons  engaged  in  the  trade  of  buying 
and  selling  or  of  selling,  who  have  weights,  measures,  or  balances 
which  have  not  been  sealed  during  the  current  calendar  year,  and 
try,  adjust,  and  seal  the  same.  He  shall  go  at  least  once  in  every 
six  months  to  every  hay  scale,  coal  scale,  wagon  scale,  railroad  track 
scale,  or  platform  scale  or  balance  used  in  the  trade  of  buying  and 
selling  or  of  selling  or  for  public  weighing,  in  his  town  or  city,  which 
is  not  brought  to  him  under  the  provisions  of  the  preceding  sec- 
tion, and  try,  adjust,  and  seal  the  same. 

For  every  neglect  of  duty  prescribed  in  the  next  preceding  sec-  Itnauyoitownseaier 
tion  the  town  or  city  sealer  shall  be  fined  a  sum  not  exceeding for  neglect  oi  duty 


428 


Laws  Concerning  Weights  and  Measures 


twenty  dollars;  and  every  town  or  city  sealer  who  shall  seal  any 
weight,  measure  or  balance  otherwise  than  according  to  the  town 
or  city  standard,  duly  tried,  proved  and  sealed  by  the  state  sealer, 
shall  be  fined  not  exceeding  fifty  dollars  nor  less  than  twenty-five 
dollars. 
sec.  14,  as  amended  seaier  of  weights  and  measures,  in  any  town  or  city  shall 

°  '  J 


city  sealers 


by  Pub.    Laws,    1896,  .    ,  .  , 

ch.  354.  P.  59  receive  a  fee  of  three  cents  for  every  weight,  wine  or  dry  measure 

"  °  "  sealed  by  him  at  his  office;  he  shall  receive  a  fee  of  five  cents  for 
every  yard-stick  or  yard-measure  sealed  by  him;  and  for  sealing 
every  spring-balance  of  a  capacity  less  than  one  hundred  pounds 
he  shall  receive  a  fee  of  twenty-five  cents;  for  every  spring-bal- 
ance of  a  capacity  of  one  hundred  and  less  than  five  hundred 
pounds,  fifty  cents;  for  every  platform  scale,  of  a  capacity  of  five 
thousand  pounds  or  more,  one  dollar;  for  every  balance  of  a  capac- 
ity of  less  than  five  thousand  pounds,  fifty  cents;  for  every  steel- 
yard of  a  capacity  of  fifty  pounds  or  less,  twenty-five  cents;  and 
for  every  steel-yard  of  a  capacity  over  fifty  pounds,  fifty  cents; 
every  scale  or  balance  used  for  weighing  people  shall  be  tested,  and 
if  found  correct  shall  be  sealed  by  said  sealer,  and  he  shall  receive 
a  fee  of  fifty  cents  for  each  and  every  scale  or  balance  so  sealed. 
If  any  of  the  said  scales  or  balances  are  found  to  be  incorrect,  then 
they  shall  be  condemned  and  their  use  forbidden  as  hereinbefore 
provided.  For  proving  and  sealing  coal  and  wood  baskets  he 
shall  receive  a  fee  of  fifteen  cents  each,  and  for  every  charcoal 
basket,  so  sealed,  twenty  cents;  he  shall  also  have  a  reasonable 
compensation  for  all  repairs,  alterations,  and  adjustments  which 
it  may  be  necessary  for  him  to  make,  made  by  him,  and  for  the 
expenses  incurred  in  visiting  any  place,  as  provided  for  in  section 
twelve  of  this  chapter.  Such  fees  and  compensation  shall  be  paid 
to  said  sealer  by  the  person  owning  or  using  the  weights,  meas- 
ures, or  balances  so  adjusted  and  sealed.  Every  person  violating 
the  provisions  of  this  section  shall  be  fined  not  exceeding  twenty 
dollars  for  each  offence,  one-half  thereof  to  go  to  the  town  or  city 
and  one-half  to  the  complainant.  All  said  fees  received  by  any 
sealer  of  weights  and  measures  of  any  town  or  city  shall  be  retained 
by  him  as  compensation  for  his  services,  except  as  hereinafter  pro- 
vided. Any  town  or  city  council  may  at  any  time  by  ordinance 
fix  an  annual  salary  for  the  sealer  of  weights  and  measures  of  such 
town  or  city,  and  in  such  case  said  fees  received  by  him  shall  be 
paid  over  by  him  to  the  town  or  city  treasurer,  at  the  time  or  times 
prescribed  by  any  ordinance  of  such  town  or  city. 
unlawful  weights,  No  person  engaged  in  the  trade  of  buying  and  selling  shall  have 

etc.,  are  prohibited  and  or  permit  to  be  kept  at  his  place  of  business  or  upon  any  cart, 
wagon  or  other  vehicle  used  by  him  in  carrying  on  his  business, 
any  weight,  measure  or  balance  of  whatever  description  which  is 


Penalty 


Salary 


may  be  seized 


Rhode  Island  429 

not  at  the  time  duly  sealed  in  accordance  with  this  chapter,  or 
which,  having  been  sealed,  is  no  longer  correct.  If  such  weights,  Duty  of  sealers 
measures  or  balances  can  be  readily  adjusted  by  such  means  as  the 
sealer  has  at  hand,  he  may  adjust  and  seal  them;  but  if  they  can- 
not be  readily  adjusted,  he  shall  either  seize  such  weights,  meas- 
ures and  balances  forthwith  and  destroy  them,  or  shall  affix  to  the 
same  a  notice  forbidding  their  use  until  he  is  satisfied  that  they 
have  been  so  adjusted  as  to  conform  to  the  standards;  and  who- 
ever removes  said  notice  without  the  consent  of  the  officec  affixing 
the  same,  shall  for  each  offence  be  fined  not  less  than  twenty  nor 
more  than  fifty  dollars,  one-half  to  the  town  or  city  and  one-half 
to  the  use  of  the  complainant. 

Every  person  engaged  in  the  trade  of  buying  and  selling,  or  of  b,fep'u£6'  ifaw's116^ 
selling,  or  as  a  public  weigher,  who  shall  use  or  permit  to  be  used  cfc.6is.andPub.' Laws! 
for  him,  or  have  in  his  possession  at  his  place  of  business,  or  upon  Penalty  for  use  of 

.,x  1-1          1  •    1     •  11        i  •        •  •        weights  not  sealed,  and 

any  cart,  wagon,  or  other  vehicle  which  is  used  by  him  in  carrying  for  altering  weights. 
on  his  business,  or  upon  his  person  while  engaged  in  his  business,  been  seaiedsan 
any  weight,  measure,  balance,  or  scale  of  whatever  description, 
unless  such  weight,  measure,  balance,  or  scale  shall  have  been  duly 
sealed  in  conformity  with  the  provisions  of  this  chapter,  and  every  Penalties 
such  person  who  alters  any  weight,  measure,  balance,  or  scale, 
after  it  has  been  duly  sealed,  so  that  it  does  not  conform  to  the 
United  States  standard,  or  has  in  his  possession  any  such  weight, 
measure,  balance  or  scale,  which  has  been  so  altered,  and  every 
such  person  who  shall  use  or  permit  to  be  used  for  him,  or  have  in 
his  possession,  as  aforesaid,  any  weight,  measure,  balance,  or  scale 
which  he  has  refused  to  allow  to  be  examined  or  sealed  by  the  sealer 
of  weights  and  measures,  or  deputy  sealer,  according  to  the  pro- 
visions of  this  chapter,  or  who  shall  use  or  permit  to  be  used  for 
him,  or  have  in  his  possession  any  spring  balance  having  a  sliding 
or  adjustable  face-plate  or  index,  or  any  measure  not  made  of  the 
shape  or  dimensions  required  by  law,  shall  be  fined  the  sum  of 
twenty  dollars  for  each  offence,  one-half  thereof  to  the  use  of  the 
town  or  city  in  which  the  offence  shall  have  been  committed,  and 
one-half  thereof  to  the  complainant. 

Every  person  who  knowingly  sells  any  commodity  by  weight  or   Sec.  17 

if  ±-±       j.i  •  11        j    f  j    1       j.-u        Penalty   for   fraudu- 

measure  for  a  greater  quantity  than  is  actually  delivered  to  the  lent  sale  by  weight  or 
purchaser  thereof,  shall  be  fined  not  exceeding  one  hundred  dol-m( 
lars  or  be  imprisoned  not  exceeding  three  months. 

Every  person  who  shall  keep  hay-scales  or  platform-balances   s^-18 

f  11.  111  ,1  j       1        .L    •      1  1  ijj.i          j_     Hay  scales  and  plat- 

for  public  use  shall  cause  the  same  to  be  tried  and  sealed  at  least  form  balances 
once  in  six  months  by  a  sworn  sealer  of  weights  and  measures. 

Every  person  who  shall  keep  hay-scales  or  platform-balances   f^fty   tor   using 
for  public  use,  or  shall  weigh  or  suffer  to  be  weighed  in  such  scales sameifnotsealed 
or  balances  any  articles  of  merchandise,  unless  such  scales  or  bal- 


430  Laws  Concerning  Weights  and  Measures 

ances  shall  have  been  tried  and  sealed  as  provided  in  the  preced- 
ing section,  shall  be  fined  one  hundred  dollars. 

sec.  20  Whenever  the  owner  or  keeper  of  such  hay-scales  or  balances 

*?!a£3I£ta' to  shall  apply  to  the  mayor  of  the  city  or  president  of  the  town  coun- 
cil, as  the  case  may  be,  or  to  any  person  by  him  appointed  for  the 
purpose  in  any  town  or  city  in  which  the  office  of  sealer  of  weights 
and  measures  shall  from  any  cause  be  vacant,  to  try  such  scales 
or  balances,  and  to  seal  the  same  if  found  correct,  such  mayor, 
president  or  persons  so  appointed  shall  try  such  scales  or  balances 
and  seal  the  same  if  found  correct;  and  in  case  of  his  neglect  so  to 
do,  such  owner  or  keeper  shall  be  exempt  from  the  fine  prescribed 
in  the  next  preceding  section. 

sec.  21,  as  amended     f  he  town  councils  of  the  several  towns  and  the  boards  of  alder- 

by    Pub.  Laws,   1899,  .  .,      ,t  .     ,  1_  •    i_ 

ch.  6ii.p.  154  men  of  any  city  shall  appoint  one  or  more  persons  to  be  weighers 

ot?eii^m<»c&te;of  coal  and  other  articles  of  merchandise,  who  shall  be  sworn  and 
^appointed;  ti  *  be  removable  at  the  pleasure  of  the  town  council  or  board  of  alder- 
men appointing  them,  and  shall  receive  such  fees  as  may  be  fixed 
by  the  town  council  or  board  of  aldermen  of  the  several  towns  or 
cities,  which  shall  be  paid  by  the  seller:  Provided,  that  no  person 
shall  act  as  a  public  weigher  of  coal  or  other  merchandise  of  which 
he  is  either  the  buyer  or  seller,  or  in  the  sale  whereof  he  has  any 
interest. 

sec.  M.  as  amended  Every  person  who  shall  sell  coal  or  other  merchandise  without 
ch.  6i"bp.  ^4WS>  l8"'  its  being  first  weighed  by  a  weigher  provided  for  in  section  2 1  of 
coaieoraoLferrmee"chln-this  chapter,  when  the  same  shall  be  demanded  by  the  purchaser, 
disc  unweighed,  when  an(j  procuring  o.  certificate  of  such  weight  for  the  purchaser,  shall 

be  fined  twenty  dollars  for  each  offence. 

b^ub2Laiws<^8tchi  Coal,  in  quantities  of  one  hundred  pounds  or  more,  shall  be  sold 
^coa^'quantities  ofky  weight,  and,  except  when  sold  by  the  cargo,  two  thousand 
100  ibs.  or  more  shaii  pounds  avoirdupois  shall  be  the  standard  for  the  ton.  Coal,  in 

be  sold  by  weight.    In  r  .    .        .  f  i_jj  j          i_    11  1_  U1_ 

quantities  less  than  ioo  quantities  less  than  one  hundred  pounds,  shall  be  sold  by  measure, 
jtatot  «%MMf»aad  shall  be  delivered  to  the  purchaser  thereof  in  the  same  bas- 
dexo1nofcoai  kets  or  measures  as  are  used  in  measuring  it.  Said  baskets  or 

measures,  used  in  measuring  the  same  shall  be  of  cylindrical  form 
of  the  following  dimensions,  in  the  inside  thereof,  to  wit:  Sixteen 
inches  in  diameter  at  the  top  under  the  hoop,  and  twelve  and  one- 
quarter  inches  in  depth  measured  from  the  highest  part  of  the  bot- 
tom thereof,  and  fourteen  inches  in  diameter  at  the  bottom ;  each 
of  which  shall  be  deemed  to  be  of  the  capacity  of  one  bushel;  or 
fourteen  inches  in  diameter  at  the  top  under  the  hoop  and  nine 
and  one-half  inches  in  depth  measured  from  highest  part  of  the 
bottom  thereof,  and  ten  inches  in  diameter  at  the  bottom,  each 
of  which  shall  be  deemed  to  be  of  the  capacity  of  one-half  bushel. 
Such  measures,  in  selling,  shall  be  filled  level  full,  and  every  such 


Rhode  Island 


431 


measure  or  oasket  shall  be  sealed  by  the  sealer  of  the  city  or  town  in 
which  the  person  using  the  same  usually  resides  or  does  business. 

Every  vendor  of  coal  who  has  in  his  possession  a  basket,  boxlt.Sec-  ^  as  amended 

J       ,  r  •  .    .  '  '  by    Pub.    Laws,    1908. 

tub,  vessel,  or  other  measure  not  conforming  to  the  provisions  of  ch.  iS83,  P.  137 

.*  i-  ,.  ,1  j.1  •  '-11  'ji       Penalty  for  noncom- 

the  preceding  section,  or  not  sealed  as  therein  provided,  with  piiance  with  provisions 
intent  to  use  the  same  or  to  permit  the  same  to  be  used  in  measur- of 
ing  coal  sold  or  offered  for  sale,  and  any  person  who  measures  coal 
sold  or  offered  for  sale  in  any  basket  or  other  measure  not  con- 
forming to  the  provisions  of  the  preceding  section  and  sealed  as 
therein  provided  (or  otherwise  violates  any  of  the  provisions  of  the 
preceding  section) ,  shall  be  fined  not  exceeding  twenty  dollars  for 
each  offence. 

The  legal  weights  of  certain  commodities  in  the  State  of  Rhode  pub0'  LawsfTg^rfT 

Island  shall  be  as  follows :  A  bushel  of —  l  "regai6  weight  of  cer- 

tain commodities 

Weight  of  bushel 


Apples  

Pounds. 
48 

Malt  

Pounds. 

Apples,  dried  

Millet  seed  

CQ 

Apple  seed    . 

40 

Oats 

32 

Barley  

48 

Onions  

CO 

Beans  

60 

Parsnips  

CO 

Beans,  castor 

46 

Peaches 

48 

Beets  

co 

Peaches,  dried  

Bran  

20 

Peas  

60 

Buckwheat    

48 

Peas,  split.  . 

60 

Carrots  

CO 

Potatoes  

60 

Charcoal  

20 

Potatoes,  sweet  

Clover  seed  

60 

Rye 

^6 

Coal  

80 

Rye  meal  

CO 

Coke  

40 

Salt,  fine  

eo 

Corn,  shelled  

Salt,  coarse  

7O 

Corn,  in  the  ear.  . 

70 

Timothy  seed 

4.C. 

Corn  meal  

CO 

Shorts  

2O 

Cotton  seed,  upland  

Tomatoes  

06 

Cotton  seed,  Sea  Island.  .  .  . 

44 

Turnips  .       ...         .       

co 

Flax  seed  

e6 

Wheat  

60 

Hemp  

44 

A  barrel  of  flour  shall  contain  .  . 

106 

Hungarian  seed    

CQ 

A  ton  of  coal,  net  

.  .  .     2,  OOO 

Lime  .  . 

70 

A  ton  of  coa  ,  eross  .  . 

.     2,  24O 

Barrel 
Net  ton 
Gross  ton 


The  state  sealer  of  weights  and  measures  and  the  city  and  town   sec.  26.  as  enacted  by 

c  .    ,  ,  .        ,,  .,  .       J       j    ,  Pub.  Laws.   1899.  ch. 

sealers  of  weights  and  measures  in  the  various  cities  and  towns  669,  P.  2r^shall  fee 
throughout  the  state,  shall  be,  by  virture  of  their  respective  offices,  omclo  constables 
special  constables,  and  as  such  they  shall  have  power  to  prosecute 
all  persons  violating  the  provisions  of  this  chapter,  and  shall  not 
be  required  in  such  prosecutions  to  furnish  any  surety  for  costs. 
They  shall  also  have  power  to  arrest  upon  view  without  warrant   May  arrest  without 
and  to  detain  for  a  period  of  not  more  than  twelve  hours  any  per-  warrant 
son  found  violating  any  of  the  provisions  of  this  chapter. 
This  act  shall  take  effect  immediately. 

1  In  the  original  art  the  words  "  a  bushel  of "  appeared  before  the  name  of  each  article  ;  the  words 
"  shall  weigh "  appeared  after  the  name  of  the  article,  and  the  word  "pounds  "  appeared  immediately 
after  the  figures  of  weight  in  each  case.  The  arrangement  adopted  here  is  for  convenience  in  printing. 


432  Laws  Concerning  Weights  and  Measures 

,  ?cll-6L8aws>  1909- ch>  All  casks  which  shall  be  gauged  in  this  state  shall  be  gauged  by 
the  method  or  rule  commonly  called  "gauging  by  Gunter,"  com- 
puting the  gallon  at  two  hundred  thirty-one  cubic  inches.  Care 
shall  be  taken  to  ascertain,  as  near  as  may  be  practicable,  the  true 
average  of  the  head  and  bung  diameter,  also  of  the  internal  length 
of  the  cask;  its  mean  diameter  shall  be  ascertained  in  accordance 
with  the  principles  laid  down  in  the  work  on  the  subject  of  gauging 
by  Daniel  Anthony,  published  in  Providence  in  the  year  one  thou- 
sand eight  hundred  seventeen. 
Feesfor  gauging;  and  The  fees  for  gauging  a  single  cask  shall  be  twenty-five  cents, 

casks,  how  branded  an(j  for  gaUging  any  number  of  casks  not  exceeding  ten,  ten  cents 
each,  and  for  any  number  above  ten,  seven  cents  each;  the  gauger 
who  shall  gauge  any  cask  shall  fairly  mark  with  branding  irons  or 
marking-irons  on  the  head  or  bulge  of  each  cask  the  initials  of  his 
name  and  the  quantity  of  the  gauge  or  capacity  of  such  cask. 
Penalty  for  iraudu-  Every  person,  not  holding  the  office  of  gauger,  who  shall  put 

lent  gauging  upon  any  cask  any  gauge  or  other  permanent  mark  to  denote  the 

capacity  of  such  cask,  or  who  shall  exercise  the  office  of  gauger  or 
business  of  gauging,  shall  forfeit  one  hundred  dollars  for  each 
offence;  but  nothing  contained  in  this  section  shall  be  so  con- 
strued or  held  as  to  apply  to  the  sale  of  petroleum  or  any  of  its 
products  by  weight  or  for  exportation  from  the  state, 
penalty  for  selling  by  Every  person  who  shall  sell  any  commodity  by  any  gauge  or 

unofficial  gauging       gauge-mark,    which    shall   not   have   been    made    by    a    gauger 
appointed  under  this  chapter,  shall  forfeit  the  value  of  such  com- 
modity sold. 
Gaugers  in  Provi-     The  city  council  of  the  city  of  Providence  may,  whenever  they 

dence,  how  appointed  deem  it  expedient,  appoint  for  said  city  a  gauger,  who  may 
appoint  under  him  such  deputy-gaugers  as  said  city  council  may 
approve,  and  for  the  official  conduct  of  such  deputies  he  shall  be 
answerable.  Said  gaugers  shall  be  subject  to  such  regulations 
as  said  city  council  may  establish  not  repugnant  to  law. 
sales6  by  u.  s.  gaug-  Nothing  in  this  chapter  shall  be  so  construed  as  to  prevent  the 

ers  excepted  saie  of  any  commodity  under  the  lawful  gauge  or  gauge-mark  of 

the  United  States  by  the  inspector  of  such  commodity. 

i5?ep.'  s^iaws' I909>  °h'     ^wo  nundred  pounds  of  beef  shall  be  considered  and  taken  as  a 

'weigh't  of  barrel  of  barrel  of  beef,  and  two  hundred  pounds  of  pork  shall  be  considered 

beet  or  pork  and  taken  as  a  barrel  of  pork. 

Gen.  Laws,  1000,  ch.         TTT    •    1  r  t 

166.  P.  567  Weighers  of  cotton  may  be  annually  elected  by  the  city  coun- 

weighers  of  cotton   cils  of  the  cities  of  Providence  and  Newport  and  by  the  town  coun- 
cils of  the  several  towns,  respectively. 
AH  cotton  to  be     All  cotton  sold  in  the  state,  unless  otherwise  specially  agreed, 

shall  be  weighed  by  the  weighers  so  chosen. 

Duties  of  weighers       Such  weighers  shall  correctly  weigh  and  record  in  a  book  to  be 
kept  for  that  purpose  the  weight  of  each  bale  of  cotton,  with  the 


Rhode  Island  433 

marks  and  numbers  of  the  bales,  and  shall  mark  upon  every  bale, 
in  plain  figures,  the  weight  of  the  same,  and  shall  make  a  certificate 
of  each  lot  of  cotton,  which  certificate  shall  specify  the  marks, 
numbers  and  weight  of  each  bale. 

Such  certificate  shall  be  given  to  the  seller  of  the  cotton,  and  the   f£a4ot  weighcrs 
weigher  shall  be  paid  for  weighing  and  marking  the  same,  on  the 
delivery  of  the  certificate,  eight  cents  per  bale,  and  for  every 
duplicate  certificate  of  not  exceeding  one  hundred  bales,  fifty  cents, 
and  fifty  cents  for  every  additional  one  hundred  bales. 

Every  manufacturer  of  sewing-thread  or  persons  engaged  in  I6^e°-  ^|ws-  'w.  ch. 
putting  up  thread  on  spools  or  in  packages  intended  for  sale  shall,    s'ec.'i 

°.i*  •        re         j  r  rc  1  1  Sewing-thread,   how 

before  the  same  is  offered  for  sale,  affix  to  each  spool  or  package  a  labeled  or  ticketed 
label  or  ticket  designating  the  number  of  yards  of  thread  which 
such  spool  or  package  contains. 

Every  such  person  who  shall  purposely  neglect  to  affix  such 
label  to  each  spool  or  package  of  thread,  or  shall,  with  intent  to 
deceive,  affix  or  cause  or  suffer  to  be  affixed  a  label  or  ticket  to  any 
spool  or  package  of  thread  intended  for  sale  specifying  that  such 
spool  or  package  contains  a  greater  number  of  yards  of  thread 
than  such  spool  or  package  contains,  shall  forfeit  the  sum  of  fifty 
dollars  for  each  spool  or  package  so  without  a  label  or  falsely 
labeled  which  shall  be  sold  or  be  delivered  by  him  to  any  person 
to  be  sold,  one-half  thereof  to  the  use  of  the  state  and  one-half 
thereof  to  the  use  of  the  person  who  shall  sue  for  the  same. 

The  following  parts  of  all  neat-cattle  purchased  by  the  hundred  17^;s^2aws>  I909>  ch 
weight  or  slaughtered  by  any  person,  such  person  having  con-    weighable  parts  of 
tracted  to  account  for  the  same  to  the  owner  or  seller  of  the  same, neat  cattle 
shall  be  denominated  "weighable;"  namely,  the  whole  of  the  sev- 
eral four  quarters,  the  hide,  horns  and  tallow.     Every  person    Penalty  for  not 
slaughtering  or  weighing  any  neat-cattle   and   being  obliged   to 
account  for  the  same  to  the  owner  or  seller  thereof  as  aforesaid, 
who  shall  not  weigh  and  account  for  all  those  parts  of  such  cattle 
denominated  weighable  as  aforesaid,  shall  forfeit  for  every  offense 
twenty  dollars. 

The  town  weighers  of  neat-cattle  shall  weigh  all  parts  of  such   f  own  weighers 
cattle  made  weighable  by  section  one  of  this  chapter,  deducting 
therefrom  for  green  weight  not  more  than  two  pounds  for  every 
hundred  pounds  of  the  weight  thereof. 

The  fees  of  such  weigher  shall  be  twenty-five  cents  per  head  for   f^4fwelgher 
all  cattle  weighed,  one-half  part  of  which  shall  be  paid  by  the  seller 
and  one-half  part  thereof  by  the  buyer. 

Every  person  who  shall  make  or  bring  into  this  state  any  butter  I7£*j£'s^3aws> I909>  ch 
firkins  or  tubs  shall  brand  or  mark  each  one  of  the  same  with  the  |^r  tubs  to  be 
weight  thereof  and  with  the  initial  letters  of  his  name,  in  a  plain  bitr^nded  with 
and  durable  manner,  before  he  offers  the  same  for  sale. 

8578°— 12 28 


434  Laws  Concerning  Weights  and  Measures 

late 'without  brand     No  person  shall  offer  for  sale  any  butter  by  the  firkin  or  tub 
prohibited  unless  each  firkin  and  tub  shall  be  branded  or  marked  as  afore- 

said. 

Every  person  who  shall  offer  for  sale  any  butter  firkin  or  tub 
before  the  same  shall  be  marked  or  branded  as  required  in  section 
one  of  this  chapter,  or  any  butter  by  the  firkin  or  tub,  in  any  firkin 
or  tub  not  marked  or  branded  as  aforesaid,  or  in  any  firkin  or  tub 
which  shall  weigh  more  than  the  mark  or  brand  on  it,  allowing  two 
pounds  additional  for  the  brine  absorbed  by  the  same,  shall  forfeit 
five  dollars,  unless  there  shall  be  a  special  contract  in  relation  to 
the  kind,  quantity  and  quality  of  the  article  sold. 

sec.  s  Nuts  and  shelled  beans  and  all  kinds  of  berries,  whenever  sold 

Nuts,  shelled  beans,  -iiiiijij  AJ  -L. 

and  benies  to  be  sold  by  measure  shall  be  sold  by  dry  measure.     And  any  person  who 
shall  sell  any  nuts  or  shelled  beans  or  any  kind  of  berries  by  any 
penalty  measure  other  than  dry  measure  shall  be  fined  not  exceeding  twenty 

dollars,  one-half  thereof  to  the  use  of  the  town  or  city  in  which  the 
offense  shall  have  been  committed  and  one-half  thereof  to  the  com- 
plainant. 

Gen.  i^ws^igog.  ch.     All  milk,  cream,  and  skimmed-milk  shall  be  sold  only  by  stand- 
I7se?'iS7S  ar(^  w^ne  measure,  and  by  or  in  measures,  cans,  jars,  bottles,  or 

w^Urnea«=Jre  "^  by  °^ner  vessels  or  receptacles  which  shall,  prior  to  being  used  in  such 
wvesseisEtorbe  sealed  sale,  be  sealed  by  the  sealer  of  weights  and  measures  of  the  town 
where  the  person  so  using  the  same  shall  usually  reside  in  this  state, 
or  of  the  town  where  such  milk  shall  be  sold  for  use;  and  every 
person  selling  any  of  the  same  contrary  to  this  section,  or  deliv- 
ding  any  of  the  same  sold  contrary  hereto,  shall  be  fined  for  the 
first  offense  not  less  than  fifty  dollars  and  not  exceeding  one  hun- 
dred dollars,  and  for  any  subsequent  offense  not  less  than  one 
hundred  dollars  or  imprisonment  not  to  exceed  ninety  days,  or 
both  such  fine  and  imprisonment.  Any  purchaser  of  milk,  cream, 
or  skimmed-milk  having  reason  to  believe  that  any  measure,  can, 
jar,  bottle,  or  other  vessel  or  receptacle  in  which  milk,  cream  or 
skimmed-milk  is  sold  and  delivered  to  him  is  not  of  sufficient  size 
or  capacity  to  contain,  by  standard  wine  measure,  the  amount 
thereof  purchased  may  apply  to  the  sealer  of  weights  and  measures 
of  the  town  in  which  such  milk,  cream,  or  skimmed-milk  is  deliv- 
ered to  him,  which  sealer  shall,  upon  the  receipt  of  a  fee  of  twenty- 
five  cents  therefor,  test  the  capacity  of  the  same  and  issue  to  such 
purchaser  his  certificate  stating  the  capacity  thereof,  and  if  such 
capacity  according  to  such  certificate  shall  be  less  than  the  amount 
purchased,  such  purchaser  may  make  complaint  and  deliver  such 
certificate  to  any  officer  of  such  town  authorized  to  make  com- 
plaints for  the  violation  of  this  chapter,  who  thereupon  shall  duly 
make  complaint  against  and  prosecute  the  person  or  persons  sell- 
ing or  delivering  the  same,  for  violation  of  this  section. 


435 

All  firewood  offered  for  sale  by  the  cord  shall  measure  in  quan-  I7fep' j£ws>  I909>  ch- 
tity  equal  to  a  cord  of  eight  feet  in  length,  four  feet  in  width  and   g£j. ' 

p  £      .     •       1     •    -,,       '       1      I-  i      i?     c .1        1       _e  11  1,     Dimensions  of  a  cord 

four  feet  m  height,  including  one-half  of  the  kerf,  and  be  well  of  firewood 
stowed  and  closely  laid  together.          . 

Every  person  who  shall  sell  any  fire-wood  by  the  cord  in  any   f£^  for  frau4j  ta 
quantity  not  well  stowed  and  closely  laid  together,  or  who  shall sale  of  flrewood 
fraudulently  and  falsely  represent  any  quantity  of  firewood  by 
him  offered  for  sale  to  be  a  greater  quantity,  or  who  shall  sell  the 
same  for  a  greater  quantity,  than  it  shall  actually  measure,  or  who 
shall  otherwise  commit  any  fraud  in  the  sale  thereof,  shall  be  fined 
twenty  dollars. 

Every  basket  used  in  measuring  charcoal  brought  into  any   sec.4 

,  ej         i        -u    11  i,        r  x-u     r   11        •         J-  •  -j.  Charcoal  baskets 

town  for  sale  shall  be  of  the  following  dimensions  to  wit,  nineteen 
inches  in  breadth  in  every  part  thereof,  and  seventeen  and  one- 
half  inches  deep,  measuring  from  the  highest  part  of  the  bottom 
of  the  basket  perpendicularly  to  a  level  with  the  top  of  the  basket. 
Every  basket  shall  be  sealed  by  the  sealer  of  weights  and  meas-  |ec- s 

t\+  J  .         ,1  1      11  11        Baskets  to  be  sealed; 

ures  of  the  town  where  the  person  so  using  the  same  shall  usually  ana  wen  heaped 
reside,  or  of  the  town  where  such  coal  shall  be  so  measured  for 
sale,  and  shall  also  be  well  heaped. 

Every  person  who  shall  measure  charcoal  offered  for  sale  in  any   |^a6lt   for 
basket  of  other  dimensions  than  as  aforesaid,  or  not  sealed  as  afore-  unlawful  baskets e 
said,  shall  be  fined  twenty  dollars. 

The  town  councils  of  the  several  towns  may  appoint,  as  occa-   u£iawful  baskets  to 
sion  may  require,  some  suitable  person  or  persons  to  seize  and  se-  £e  seized,  and  users  to 

•Ii  •      At.    •  j.-  11  i        i  1  e  •        be  prosecuted 

cure,  within  their  respective  towns,  all  baskets  used  for  measuring 
coal  that  shall  not  be  of  the  dimensions  aforesaid,  and  sealed  as 
aforesaid,  and  to  prosecute  every  person  who  shall  be  guilty  of  any 
violation  of  any  of  the  provisions  of  this  chapter;  but  no  person 
shall  be  obliged  to  measure  charcoal,  where  the  quantity  shall  be 
agreed  on  by  the  buyer  and  seller. 

All  short-wood  or  kindling-wood  sold  by  the  basket  shall  be   Dtoensions  of  a  bas- 
sold  and  delivered  in  baskets  of  the  following  dimensions,  to  wit : ket  for  sale  of  kindlings 
twenty-one  inches  in  diameter  at  the  top  under  the  hoop,  thir- 
teen inches  in  depth,  measured  from  the  highest  part  of  the  bot- 
tom thereof,   and  seventeen  inches  in  diameter  at  the  bottom.    Baskets  to  be  heaped 
Such  baskets  in  selling  shall  be  well  heaped;  and  shall  be  sealed 
by  the  sealer  of  weights  and  measures  of  the  town  or  city  where 
the  person  so  using  the  same  shall  reside,  or  of  the  town  or  city 
where  such  firewood  shall  be  offered  for  sale.     Forty-eight  bas-    cord  denned 
kets  of  said  dimensions  shall  constitute  one  cord  of  sawed  wood. 

Every  person  who  shall  sell  or  deliver  any  short-wood  or  kind-   Penalty  for  sale  by 
ling- wood  in  any  basket  not  sealed,  or  of  other  dimensions  than  asunlaw{ul'baskets 
provided  in  the  preceding  section,  shall  be  fined  twenty  dollars. 

The  town  or  city  sealers  of  the  several  cities  and  towns,  and  such   tfnse'aied  baskets  to 
persons  as  the  town  councils  of  the  several  towns  may  appoint,  h?i  useze  " 


436  Laws  Concerning  Weights  and  Measures 

shall  seize  and  secure  all  baskets  used  for  measuring  coal,  short- 
wood,  or  kindling-wood,  that  shall  not  be  sealed,  or  shall  not  be 
of  the  dimensions  provided  by  law,  and  prosecute  every  person 
who  shall  be  guilty  of  any  violation  of  the  provisions  of  the  laws 
defining  the  size  of  such  baskets. 
sec- 1 1  Every  sealer  of  weights  and  measures  who  shall  seal  any  bas- 

Penalty  for  sealing  an ,  -J  -    .,       ,      °_    <    ...  .  •     *« «      ^        «  .  /  ,, 

unlawful  basket        ket  not  being  of  the  lawful  dimensions,  shall  be  lined  twenty  dollars. 

cen.  Laws,  1909,  ch.  Whenever  fish  are  sold  by  measure  for  manure  they  shall  be 
I7s'e£'is83  measured  in  a  barrel  or  half -barrel,  the  barrel  containing  twenty- 

iorMmTnru?e?toS°be  eight  gallons  and  the  half-barrel  fourteen  gallons,  which  shell  be 
sealed  sealed  by  a  sealer  of  weights  and  measures. 

Penalty  for  seaiin  Every  sealer  of  weights  and  measures  who  shall  seal  any  barrel 
faiseiy  or  half-barrel  which  shall  contain  a  less  quantity  than  prescribed 

in  the  preceding  section  shall  be  fined  fifty  dollars. 

penalty  for  using  un-  Every  person  who  shall  measure  any  fish  sold  by  the  measure  in 
sealed  measure  any  barrel  or  half-barrel  not  sealed  according  to  the  provisions  of 
this  chapter,  shall  be  fined  ten  dollars  for  each  offense. 

Acts  and  resolves.     Every  lot  or  parcel  of  commercial  fertilizer,  or  material  used  for 

Jan.  sess..  1910,  ch.  571,  ,J 

p-»6  manurial  purposes,  excepting  the  dung  of  poultry  and  domestic 

commercial  fertiiiz-  animals  in  its  usual  condition,  sold,  offered,  or  exposed  for  sale 

nestwe^htrlabelgivingwitnin  this  state  sha11  be  accompanied  by  a  plainly  printed  label 

stating  clearly  and  truly  the  number  of  net  pounds  of  fertilizer  in 

the  package,     *    *    *. 


SOUTH  CAROLINA 

Weights  and  measures  shall  be  regulated  by  the  standard  fixed  ch.  36,ep.  e>£2' 
by  the  Congress  of  the  United  States.  sec.  ^f*J 

Such  weights  and  measures  as  have  been  or  may  hereafter  be   gee.*? 
furnished  this  State  by  the  government  of  the  United  States  shall  treasure^1"1 
be  kept  by  the  Treasurer,  and  said  weights  and  measures  shall  be 
deemed  and  taken  to  be  the  standard  weights  and  measures,  by 
which  all  the  weights  and  measures  in  this  State  shall  be  regulated. 

The  Clerk  of  the  Court  of  Common  Pleas  and  the  General  Ses-    sec.  1614 

>.«.<-i  1      n    r          •    1  1  •  •        t  Clerks    of    court    to 

sions  of  each  County  in  this  State  shall  furnish,  and  is  required  to  keep;  same  to  be  pur- 
keep  in  his  office,  the  weights  and  measures  established  by  law, ch 
which  shall  be  the  standards  of  all  other  weights  and  measures  in 
said  County,  and  to  which  any  person  shall  have  free  access  to 
test  the  same;  and  the  Governor  of  the  State  is  authorized  and 
required  to  purchase  such  standard  weights  and  measures,  out  of 
the  fines  and  forfeitures  incurred  in  their  respective  counties. 

That  the  municipal  authorities  of  the  cities  and  towns  of  this   ^882,1900.1902) 
State  of  not  less  than  ten  thousand  inhabitants  be,  and  they  are    coai't^be  weighed 
hereby,  empowered  to  require  all  dealers  in  coal  to  weigh  all  coalon 
sold  within  the  limits  of  such  cities  and  towns  upon  the  public 
scales  of  such  cities  and  towns  and  to  impose  a  charge  therefor  of 
not  more  than  ten  cents  for  each  draft. 

That  said  municipal  authorities  may  enforce  the  provisions  of 
the  foregoing  Section  by  such  fine  and  imprisonment  as  may  be 
now  or  hereafter  prescribed  by  law  for  the  violation  of  the  ordi- 
nances of  such  cities  or  towns. 

The  municipal  authorities  of  cities  and  towns  of  this  state  be,    Act  305,1910,  p.  &» 
and  they  are  hereby,  empowered  to  require  all  dealers  and  sellers   Public  weighers 
of  coal,  coke,  unbaled  hay,  cattle,  cotton  seed,  or  other  articles  of 
like  nature  and  character,  sold  in  bulk,  by  weight,  and  sold  within 
the  limits  of  any  city  or  town  to  have  the  same  weighed  upon  the 
public  scales  within  such  city  or  town,  and  to  impose  a  charge 
therefor  of  not  more  than  ten  cents  for  each  draft,  one-half  to  be 
paid  by  the  seller,  and  one-half  to  be  paid  by  the  buyer.     Said 
municipal  authorities  may  enforce  the  provisions  of  the  act  by 
such  fine  and  imprisonment  as  may  now  or  hereafter  be  prescribed 
by  law  for  the  violation  of  the  ordinance  of  the  city  or  town:  Pro-    Applies  oniyto 
vided,  That  the  provisions  of  this  act  shall  apply  only  to  Chester  Chester  county 
county. 

437 


438  Laws  Concerning  Weights  and  Measures 

sec(i6?Jl I9°3)  ^he  weight  of  a  bushel  of  cotton  seed  shall  be  thirty  pounds, 

weight  of  cotton  seed  except  the  seed  of  long  staple  cotton,  of  which  the  weight  shall  be 

bolted  corn  meal  .          r  1  •    1  A        e  iij_j  11111 

forty-two  pounds;  and  weight  of  unbolted  corn  meal  shall  be 
5al forty-eight  pounds  per  bushel;  and  the  weight  of  bolted  corn 
meal  shall  be  forty-eight  pounds  per  bushel. 

Act 85, 1903  The  standard  weight  of  a  bushel  of  corn  meal,  whether  bolted 

weight  of  bushel  of  or  unbolted,  shall  be  forty-eight  pounds. 

Sec.  *.  as  amended  It  shall  be  unlawful  for  any  person  or  persons  to  pack  for  sale, 
b sale of'cn^meaiuid sell,  or  offer  for  sale,  in  this  State,  any  corn  meal  or  grist,  except 
in  bags  or  packages  containing  by  standard  weight  two  bushels, 
or  one  bushel,  or  one-half  bushel,  or  one-fourth  bushel,  or  one- 
eighth  bushel  respectively.  Each  bag  or  package  of  corn  meal 
shall  have  plainly  printed  or  marked  thereon  whether  the  meal  is 
"bolted"  or  "unbolted,"  the  amount  it  contains  in  bushels  or 
fraction  of  a  bushel,  and  the  weight:  Provided,  The  provisions  of 
of  this  section  shall  not  apply  to  the  retailing  of  meal  or  grist 
direct  to  customers  from  bulk  stock,  when  priced  and  delivered 
by  actual  weight  or  measure. 

Any  person  or  persons  guilty  of  violating  either  of  the  fore- 
going sections  of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  on  conviction  thereof,  shall  be  punished  by  a  fine  of  not 
exceeding  one  hundred  dollars,  or  by  imprisonment  not  exceeding 
thirty  days,  or  by  both  fine  and  imprisonment,  in  the  discretion  of 
the  Court. 

code.  1902.  vol.  i,  p.     Every  barrel  submitted  for  inspection  as  aforesaid  shall  contain 

Sec  i  ^ .  .  such  quantity  of  flour  or  meal  as  upon  inspection  shall  be  found 

Quality  of  flour  into  be  of  the  net  weight  of  one  hundred  and  ninety-six  pounds; 
and  each  and  every  half-barrel  shall  contain  such  quantity  as 
shall  be  of  the  net  weight  of  ninety-eight  pounds;  and  the  said 
Inspector  shall  cause  all  barrels  or  half  barrels  containing  a  less 
quantity  to  be  made  of  full  weight  at  the  expense  of  the  owners 
thereof. 

vSec.  I5(7f Z3)  The  City  Council  of  Charleston  shall  have  full  power  and 

>on°tonrVuiateau*'kority  to  regulate  and  control  the  sale  of  grain  by  measure- 
ment or  weight,  or  both,  sold  within  the  corporate  limits  of  the 
city,  in  such  manner  as  will  insure  a  fair,  equal  and  uniform 
sale  and  measurement  of  the  same. 

of  certain  All  oils,  molasses,  syrups,  wines,  vinegar  and  liquors,  (not 
^domestic)  sold  in  the  City  of  Charleston,  either  by  the  hogs- 
head, pipe,  puncheon,  barrel,  cask,  keg  or  tank,  shall,  before 
their  delivery,  be  gauged  by  a  sworn  Gauger,  elected  by  the 
City  Council  of  Charleston,  whose  term  of  office  shall  be  for 
four  years. 

Iteeandtj  Every  barrel  of  pork  or  beef  packed  and  sold  in  this  State 

pork!lndnbeef0Daeneis of  shall  contain  thirty  gallons  and  two  hundred  pounds  weight  of 


611 


South  Carolina 


439 


— dimensions 


Penalty 


wholesome,  well-cured  meat  in  the  same,  which  shall  be  weighed 
by  the  packers,  and  well  packed  with  salt  and  pickle,  each  piece 
not  to  weigh  more  than  eight  pounds,  and  not  to  be  cut  or 
mangled  further  than  to  take  out  the  kernels  or  where  the  bones 
require  it,  and  not  more  than  two  heads  in  one  barrel  of  pork. 
No  beef's  heads  or  shanks  shall  at  all  be  packed. 

All  oysters  sold  in  the  shell  in  this  state  shall  be  measured  Act  &>.  1906,  P.  94 
in  a  circular  tub  with  straight  sides,  and  straight,  solid  bottom,  oyster  measures 
with  holes  in  the  bottom  not  more  than  one-half  inch  in  diameter. 
The  said  measure  shall  have  the  following  dimensions:  A  bushel 
tub  shall  measure  eighteen  (18)  inches  from  inside  to  inside 
across  the  top,  sixteen  (16)  inches  from  inside  to  inside  across 
the  bottom,  and  twenty-one  (21)  inches  from  bottom  to  top  of 
chimb.  All  measures  used  for  buying  or  selling  oysters  shall 
have  a  brand,  to  be  adopted  by  the  board  of  fisheries,  stamped 
thereon  by  said  board,  or  its  lawful  inspectors.  Any  person 
violating  this  section  shall  be  guilty  of  a  misdemeanor,  and,  upon 
conviction  thereof,  shall  be  fined  not  less  than  ten  dollars  ($10.00) 
nor  more  than  fifty  dollars  ($50.00)  ,  or  imprisoned  not  more  than 
thirty  (30)  days  nor  less  than  ten  (10)  days.  And  all  measures 
found  in  the  possession  of  any  such  person  not  meeting  the 
requirements  of  this  section  shall  be  destroyed  by  said  board 
or  its  lawful  agents. 

*  *  *  Each  package  containing  oysters  canned  in  this  state, 
or  raw  shucked  oysters  gathered  in  this  state,  clams  gathered  in 
this  state,  or  terrapins  or  shad  offered  for  sale  or  transportation, 
shall  be  stamped  by  the  manufacturer  with  the  number  of  ounces 
of  quantity  of  oysters,  and  the  number  of  shad  or  terrapin,  and 
the  number  of  bushels  of  clams  contained  therein,  and  the  number  of  °ystere.  «fc 
of  ounces  or  fractions  of  ounces  of  oysters  contained  in  each  can 
shall  be  plainly  stamped  in  the  metal  cap  of  each  can  of  oysters 
canned  within  this  state  after  the  first  day  of  May,  A.  D. 
1909.  *  *  * 

That  every  load  or  parcel  of  concentrated  commercial  feeding    Act  304,1910,  p.  6i3 
stuff  sold,  offered  or  exposed  for  sale  within  this  state  shall  have   weight  to  be  marked 
affixed  thereto,  or  printed  thereon  in  a  conspicuous  place  on  the  stuff  ac   ges 
outside  thereof,  a  legible  and  plainly  printed  statement,  in  the 
English  language,  clearly  and  truly  certifying  the  weight  of  the 
package  (provided  that  all  concentrated  commercial  feeding  stuffs 
shall  be  in  standard  weight  bags  or  packages  of  25,  50,  75,  100, 
125,  150,  175  or  200  pounds);  the  name,  brand  or  trade  mark 
under  which  the  article  is  sold;  the  name  and  address  of  the 
manufacturer,  jobber  or  importer    *     *     * 

The  term  "concentrated  commercial  feeding  stuffs"  shall  be 
held  to  include  all  feeds  used  for  live  stock  and  poultry,  except 


packages 


Laws  Concerning  Weights  and  Measures 

whole  hays,  straw,  cotton-seed  hulls  and  corn  stover,  when  the 
same  are  not  mixed  with  other  materials;  nor  shall  it  apply  to 
the  unmixed  whole  seeds  or  grains  of  cereals  when  not  mixed  with 
other  materials,  and  when  not  in  damaged  condition  as  determined 
by  inspection  to  be  unfit  for  feed  purposes,  mixed  or  unmixed. 

Act  376. 1910,  P.  704       That  after  the  approval  of  this  act,  every  package  of  commercial 

weight  of  package  of  fertilizer  or  fertilizing  material,  sold  or  offered  for  sale  in  this  state, 
shall  contain  either  one  hundred  pounds  or  two  hundred  pounds 
each,  and  the  weight  thereof  plainly  printed  on  such  package. 

sec.  2  That  any  person,  firm  or  corporation  violating  the  provisions  of 

this  act,  shall,  upon  conviction,  be  subject  to  a  fine  of  ten  dollars 
for  each  package  so  sold  or  offered  for  sale,  or  imprisonment  not 
exceeding  thirty  days. 

Act  24s.  1907.  P.  5=8       That  for  the  purposes  of  this  act,  an  article  shall  also  be  deemed 

"Misbranded"   de-to  be  misbranded: 

In  the  case  of  food: 

Third.  If  in  package  form,  and  the  contents  are  stated  in  terms 
of  weight  or  measure,  they  are  not  plainly  and  correctly  stated  on 
the  outside  of  the  package. 

^cod^e,  1902,  vol.  i, art.     ^11  ranging  timber  bought  or  sold  in  the  markets  of  this  State 
21  Oto)          shall  be  by  board  or  superficial  measurement ;  and  any  person  or 

Reuies>for  measuring  persons  who  shall  buy  or  sell  ranging  timber  in  or  for  the  markets 
of  Charleston  or  Georgetown,  or  any  other  public  market  in  the 
y  the  rule  known  as  "  side  and  edge  measurement, "  that  is 
to  say,  by  adding  the  side  to  the  edge,  multiplying  by  the  length, 
and  dividing  by  twelve  [(side  +  edge)  X  length  -f-  twelve]  shall 
be  fined  for  every  such  act  of  buying  or  selling  not  less  than  one 
hundred  dollars  and  not  more  than  three  hundred  dollars. 

sec  i&  ^°  timber  shall  be  sold  or  purchased  in  the  City  of  Charleston 

NO  timber  to  be  sold  by  any  mode  of  measurement  except  that  denominated  board  or 

except  by  board  meas-     '  A    •    t  /        1  1  •    <  ,1  ,1 

ure  superficial  measurement  (unless  by  special  contract  between  the 

parties) ,  which  shall  alone  be  done  by  the  Inspectors  or  Surveyors 
of  timber  in  the  City  of  Charleston, 
inspectors  elected     The  City  Council  of  Charleston  and  the  Town  Councils  of  Beau- 

annually  fort,  Port  Royal,  and  Georgetown,  shall  each  elect  annually,  for 

their  respective  municipalities,  one  or  more  Inspectors  and  Sur- 
veyors of  Timber,  who,  before  entering  upon  the  duties  of  his  or 
their  office,  shall  severally  execute  a  bond  to  the  said  Council,  in  the 
penalty  of  two  thousand  dollars,  with  good  sureties,  for  the  faithful 
performance  of  the  duties  of  his  or  their  office ;  and  shall  also  take 
oath  of  inspector  and  subscribe  the  following  oath,  to  wit:  "I,  A.  B.,  do  solemnly 
swear  (or  affirm,  as  the  case  may  be,)  that  I  will  faithfully  perform 
all  the  duties  of  Inspector  and  Surveyor  of  Timber  in  the  City  of 

Charleston  (or  town  of ,  as  the  case  may  be),  as  prescribed 

by  the  Act  of  General  Assembly  providing  for  the  same:  So  help 


South  Carolina  441 

me  God."  And  said  bond  shall  be  recorded  in  the  office  of  the 
Secretary  of  State,  and  shall  be  liable  to  suit  at  the  instance  of  the 
State  of  South  Carolina,  or  of  the  individuals  suffering  loss  by  the 
violation  of  the  provisions  of  this  Chapter. 

It  shall  be  the  duty  of  the  said  Surveyors  and  Inspectors  to   sec.(/^f /5j0) 
measure  all  timber  in  the  manner  aforesaid  brought  for  sale  to  the  tfa^recl°srsh0erefns m- 
City  of  Charleston,  at  the  request  of  any  person  owning  or  buying rected 
the  same,  and  shall  give  a  certificate  to  such  person,  specifying  the 
quality,  and  kind,  and  quantity  of  such  timber,  and  the  number  of 
pieces  in  each  lot ;  which  certificate  shall  be  evidence  of  the  matters 
stated  therein,  as  between  the  owner  and  purchasers  thereof.    But 
nothing  herein  contained  shall  prevent  any  person  or  persons  from 
buying  or  selling  timber  in  bulk  without  measurement. 

All  timber  and  lumber  brought  to  market  for  sale  at  the  ports  of   Sec  I6£f77) 
Charleston,  Port  Royal,  Beaufort,  and  Georgetown,  shall  be  meas-  spe"t^berbyto  i£tnsed 
ured  and  inspected  by  one  of  the  licensed  measurers,  selected  by  measurers 
the  seller  and  buyer  jointly;  and  the  measurer  so  selected  shall  be 
entitled  individually  to  the  fee  earned  by  him ;  and  the  manner  of 
inspection  and  classification  of  both  timber  and  lumber  shall  be 
such  as  may  be  agreed  upon  between  the  buyer  and  seller. 

Should  the  buyer  fail  to  agree  to  the  selection  of  a  measurer,  then 
the  measurement  and  inspection  and  classification  may  be  made 
by  any  official  measurer. 

The  fees  to  be  received  by  the  measurers  shall  not  exceed  the  fles1607 
following  rates,  viz:  ten  (10)  cents  per  thousand  feet  for  all 
square,  hewn,  or  round  timber;  ten  (10)  cents  per  thousand  feet 
for  all  lumber  measured  by  bulk  measurement  in  rafts;  and 
twenty-five  (25)  cents  per  thousand  feet  for  all  lumber  measured 
and  inspected  by  the  piece;  the  expense  of  measuring  fees  to  be 
equally  divided  between  the  buyer  and  seller. 

The  custom  of  making  a  deduction  from  the  actual  weight  of  cod^goz.voi.i.art. 
bales  of  unmanufactured  cotton  as  an  allowance  for  breakage  or 2>  (****,  i87s,  isso) 
draft  thereon  is  abolished;  and  all  contracts  made  in  relation  to   Tacreison  cotton  pro- 
such  cotton  shall  be  deemed  and  taken  as  referring  to  the  truewi 
and  actual  weight  thereof  without  deduction;  and  no  tare  shall 
be  deducted  from  the  weight  of  such  bales  of  cotton  except  the 
actual  weight  of  the  bagging  and  ties  used  in  baling  said  cotton; 
and  whenever  it  shall  be  agreed  between  the  buyer  and  seller  to 
deduct  tare  on  cotton  bales  it  shall  be  as  follows:  For  bales  of 
cotton  covered  with  seven  yards  of  standard  cotton  bagging  and 
six  iron  ties  the  actual  tare  shall  be,  and  is  hereby,  fixed  at  sixteen 
pounds,  and  for  bales  of  cotton  covered  with  seven  yards  of 
standard  jute  bagging  and  six  iron  ties  the  actual  tare  shall  be, 
and  is  hereby,   fixed  at  twenty-four  pounds;  and  when  buyer 
seller  agree  to  sell  at  net  weight,  and  when  bales  of  cotton  are 


442  Laws  Concerning  Weights  and  Measures 

covered  with  seven  yards  of  standard  cotton  bagging  and  six  iron 
ties,  the  actual  tare  shall  be,  and  is  hereby,  fixed  at  sixteen  pounds, 
and  when  bales  of  cotton  are  covered  with  seven  yards  of  standard 
jute  bagging  and  six  iron  ties,  the  actual  tare  shall  be,  and  is 
hereby,  fixed  at  twenty-four  pounds. 
(7<?99)  Jt  sha^  ke  unlawful  for  any  cotton  buyer  to  refuse  to  accept 


c  i 
ton  4baies  weigh-  any  bale  of  cotton,  after  he  has  bought  the  same  by  sample 

ing  not  less  tnan  300    TV  ,iiij  j  •  j     j 

pounds  made  mer-thereof,  weighing    over    three  hundred  pounds,  provided  same 


corresponds  in  quality  with  sample  bought  by. 


(1896.1897.1907)  Upon  the  petition  of  fifty  or  more  qualified  electors,  who  are 
S  w,p.6M  growers  of  cotton  and  who  reside  within  five  miles  of  any  place  in 
m'ay^be  which  there  may  be  a  cotton  market,  the  County  Board  of  Com- 
missioners  of  that  County  shall  annually  elect  one  or  more  public 
cotton  weighers  for  said  cotton  markets,  whose  term  of  office  shall  be 
for  one  year  and  until  the  election  and  qualification  of  his  or  their 
successor  or  successors.  All  cotton  weighers  in  the  county  of 
Greenwood,  appointed  as  provided  by  this  section,  shall  receive 
as  compensation  for  their  services  ten  (10)  cents  per  bale  for 
each  bale  of  cotton  weighed  by  them,  one-half  (y£)  to  be  paid  by 
the  seller  and  one-half  (K)  by  the  buyer. 

s^9is5^s'aSended  Before  entering  upon  the  duties  of  his  office,  each  cotton  weigher 
b5cotton8'  weighers0  to  shall  be  legally  sworn  to  discharge  the  duties  of  the  position,  by 
competnsaHonivebond'some  omcer  authorized  to  administer  oaths,  and  shall  enter  into 
bond  in  the  sum  of  three  hundred  dollars  for  the  faithful  per- 
formance of  his  duty,  which  bond  shall  be  approved  by  the 
County  Board  of  Commissioners  and  filed  with  the  Clerk  of  the 
Court  of  Common  Pleas  and  General  Sessions  for  the  County  in 
which  said  cotton  market  or  markets  may  be  situated.  Each 
weigher  shall  receive  as  compensation  for  his  services  not  more  than 
ten  cents  for  each  bale  weighed  by  him,  to  be  fixed  by  the  Commis- 
sioners, the  same  to  be  paid  in  equal  proportion  by  the  seller  and 
buyer,  except  in  those  markets  where  the  weigher  may  be  paid 
by  individuals  or  corporations,  at  which  markets  the  seller  shall 
pay  nothing. 

slc^ss^as'ammded  **  s^a^  ^e  ^e  duty  of  each  weigher  to  provide  a  platform  and 
byDautties'of9^e'ipiier0  sca^es  with  ample  facilities  for  handling  cotton  with  speed  and 
at  minimum  cost,  at  which  platform  or  platforms  all  cotton  sold 
in  said  market  or  markets  shall  be  weighed.  It  shall  be  the  duty 
of  each  weigher  to  weigh  fairly  and  promptly  all  cotton  sold  in 
said  market  or  markets,  issuing  his  own  ticket,  showing  the 
weight  of  each  bale  or  package  of  cotton  weighed.  It  shall  be 
his  further  duty  to  adjust  any  difference  between  sellers  and 
buyers  as  to  moisture  and  mixed  or  false  packing.  In  case  of 
inability  from  sickness  or  other  cause,  and  from  the  first  day  of 
March  to  the  first  day  of  September  of  each  year,  a  weigher  may 


South  Carolina  443 

appoint  a  deputy,  who  shall  take,  before  entering  upon  his  duties, 
the  usual  oath  of  the  office  in  the  manner  required  for  the  weigher. 
The  elected  weigher  shall  be  responsible  on  his  bond  for  the  official 
acts  of  his  deputy.  Each  weigher  or  his  deputy  shall  devote  his 
exclusive  attention  to  the  duties  of  his  office  during  the  cotton 
marketing  season.  Each  weigher  shall  test  his  scales  once  a 
month  by  the  standards  in  the  office  of  the  Clerk  of  Court  as  pro- 
vided by  law:  Provided,  That  the  County  Board  of  Commis- 
sioners may,  for  good  and  sufficient  cause  shown,  remove  any 
such  public  cotton  weigher  from  his  office,  after  first  giving  such 
weigher  at  least  ten  days'  notice  to  show  cause  why  he  should 
not  be  removed;  and  shall  have  power  to  fill  any  vacancy  occur- 
ring in  the  office  of  public  cotton  weigher,  at  the  first  regular 
meeting  of  the  said  Board  after  such  vacancy  occurs:  Provided, 
That  nothing  herein  contained  shall  apply  to  sales  made  on 
plantations  or  at  cotton  mills. 

The  provisions  of  sections  1553  and  1554  shall  not  apply  to  (^  I8^>  '0°'.  wo) 

.11    '  ,          **    •'    .  Sec.  1555,  as  amended 

sales  made  on  plantations  or  at  cotton  mills,  nor  to  the  counties  by  ch.  383.  P.  716.  acts 
of  Charleston,  Greenwood,  Laurens,  Berkeley,  Spartanburg,  Aiken,  I9Excepti<ms  to  pre- 
Horry,  Georgetown,  Richland,  Saluda,  Beaufort,  Lancaster,  Abbe-c' 
ville,  York,  Newberry,  Kershaw,  Oconee,  nor  to  the  town  of  Lib- 
erty, in  Pickens  County,  or  to  Anderson  township  in  Anderson 
County:  Provided,  further,  The  mayor  or  intendant  of  an  incor- 
porated town  in  Greenwood  County,  upon  petition  of  twenty-five 
farmers  who  live  in  a  radius  of  five  miles,  and  who  are  free  holders, 
shall  order  an  election  to  be  held  on  the  first  Saturday  in  August 
of  each  year  for  cotton  weigher,  and  he  shall  declare  the  candidate 
receiving  the  highest  number  of  qualified  electors,  weigher  for 
one  year  from  day  of  said  election.  All  farmers  who  sell  cotton 
at  said  depot  shall  be  allowed  to  vote,  Provided  they  reside  in 
Greenwood  County:  Provided,  That,  in  the  County  of  Edgefield 
for  each  cotton  weigher,  his  term  of  office  shall  be  for  two  years 
from  the  date  of  his  election,  and  until  his  successor  shall  have 
qualified:  and  Provided,  further,  That  in  the  County  of  Edge- 
field  the  provisions  of  this  act  shall  apply  to  all  cotton  sold  or 
stored  in  warehouses.  ,g 

Upon  the  petition  of  twenty-five,  or  more,  qualified  electors,    sec.  iS56 " 
who   are  growers  and  buyers  of  cotton,   or  cotton  growers  or 
cotton  buyers,   resident  within  five  miles  of  Honea  Path,  the  ^tt^ weigher  for 
Town  Council  of  said  town  shall,  within  thirty  days  after  the 
receipt  of  said  petition,  provide  for  and  annually  conduct  an 
election,  and  in  the  usual  manner  of  elections  in  said  town,  for 
a  public  cotton  weigher  for  said  town,  whose  term  of  office  shall 
be  for  one  year,  and  until  the  election  and  qualification  of  his 
successor.     At   such   election  all   and   only   cotton  growers   and 


444  Laws  Concerning  Weights  and  Measures 

cotton  buyers  who  are  qualified  electors  and  reside  within  a 
radius  of  five  miles  of  the  depot  in  said  town,  shall  be  entitled 
to  vote;  the  said  Town  Council  shall  declare  the  result  of  said 
election,  and  the  person  receiving  the  highest  number  of  votes 
shall  be  the  public  cotton  weigher  for  said  town,  and  he  shall 
compensation  receive  as  compensation  for  his  services  not  exceeding  five  cents 
per  bale  for  every  bale  of  cotton  weighed,  one-half  to  be  paid  by 
the  buyer  and  one-half  by  the  seller;  such  weigher  shall  finally 
adjust  and  settle  all  differences  or  disputes  between  buyers  and 
sellers  as  to  proper  deductions  to  be  allowed  from  water,  damp- 
ness, damaged  cotton,  or  any  false  packing;  and  the  said  weigher 
shall  test  the  scales  every  morning  before  weighing  cotton,  so 
as  to  insure  accuracy.  In  case  of  inability  from  sickness  or  other 
cause,  the  said  weigher  may  appoint  a  deputy,  who  shall  take, 
before  entering  upon  his  duties,  the  usual  oath  of  office  in  the 
manner  required  of  the  weigher.  Before  entering  upon  the  duties 
of  his  office,  said  cotton  weigher  shall  be  legally  sworn  to  discharge 
the  duties  of  his  position  by  the  Intendant  of  the  town  of  Honea 
Path,  and  shall  enter  into  bond  in  the  sum  of  three  hundred 
dollars  for  the  faithful  performance  of  his  duty,  which  bond  shall 
be  approved  by  the  Town  Council  of  Honea  Path,  and  filed  with 
the  Clerk  of  the  Court  of  Common  Pleas  for  Anderson  County. 
The  elected  weigher  shall  be  responsible  on  his  bond  for  the 
official  acts  of  his  deputy. 

ipectefprovision  as  There  shall  be  annually  elected  by  the  qualified  voters  of 
weSheersectinn  pickens  ^^c^ens  ^'  **•  township,  Easley  township,  and  Liberty  township, 
and  oconee  counties  respectively,  in  Pickens  County,  and  Seneca  township,  in  Oconee 
County,  a  cotton  weigher  for  Pickens,1  one  for  Easley,  and  one  for 
Liberty,  and  one  for  Seneca  in  Oconee  County.  Such  weigher 
shall  be  duly  sworn  to  discharge  the  duties  of  the  position  by  some 
officer  authorized  to  administer  an  oath.  The  election  of  such 
weigher  shall  be  on  the  third  Saturday  in  August,  1899,  the  polls 
to  open  at  10  a.  m.  and  close  at  5  p.  m.  at  each  of  the  said  towns, 
and  on  the  third  Saturday  in  August  each  year  thereafter.  The 
Town  Council  of  each  of  said  towns,  respectively,  shall  appoint 
three  men  as  managers  of  said  election,  and  shall  give  notice  of  the 
time  and  place  of  holding  the  same  at  least  ten  days  before  the  day 
of  said  election. 

The  said  weighers  shall  respectively  enter  into  bond  to  the  Town 
Council  of  his  town  in  the  sum  of  three  hundred  dollars  for  the 
faithful  performance  of  his  duties,  which  bond  shall  be  approved 
by  and  filed  with  the  said  Town  Council  of  the  said  Towns  in  said 
Counties;  and  said  weigher  shall  receive  as  compensation  for  his 

1  Act  288,  1907,  p.  626,  provides  for  the  election  of  a  cotton  weigher  for  the  town  of  Pickens. 


South  Carolina  445 

services  ten  cents  per  bale  for  each  bale  weighed  by  him,  the  same 
to  be  paid  in  equal  proportions  by  the  buyer  and  seller. 

It  shall  be  the  duty  of  the  said  cotton  weigher  to  provide  scales  Duties  of  weighers 
and  ample  facilities  for  handling  cotton  sold  and  weighed.  It 
shall  be  the  duty  of  the  said  weigher  to  weigh  all  cotton  brought 
to  his  town  for  sale  fairly  and  promptly,  issuing  a  ticket  therefor, 
which  shall  show  the  weight  of  each  bale.  It  shall  be  his  further 
duty  to  adjust  any  differences  between  buyers  and  sellers  as  to 
moisture,  mixture  or  false  packing.  In  case  of  disability,  by 
sickness  or  other  cause,  the  said  weigher  may  appoint  temporarily 
a  deputy,  who  shall  take  the  usual  oath  of  office  before  a  Magis- 
trate previous  to  entering  upon  his  duty. 

When  any  false  weighing  or  omission  of  duty  on  the  part  of  any   Liability  oi  weighers 
one  of  said  weighers  occurs,  whereby  either  buyer  or  seller  suffers 
loss  or  is  injured,  such  weigher  and  his  bondsmen  shall  be  held 
liable  to  the  extent  of  such  loss  or  injury. 

This  section  shall  not  apply  to  purchasers  or  weighers  of  cotton   Exceptions 
for  the  Easley  Cotton  Mills,  in  the  town  of  Easley,  nor  to  pur- 
chasers or  weighers  of  cotton  for  the  Pickens  mills,  in  the  town  of 
Pickens. 

The  County  Commissioners  of  Lancaster  County  are  authorized  sec.  iSS8 
and  directed  to  order  elections  to  be  held  in  the  towns  of  Lancaster,  weigher°nin  "Lancaster 
Heath  Springs,  and  Kershaw,  in  Lancaster  County,  on  the  second  County 
Tuesday  in  August,  1899,  and  every  two  years  thereafter,  for  the 
purpose  of  electing  a  public  cotton  weigher  for  each  of  said  towns, 
respectively;  and  said  Commissioners  shall  make  such  rules  and 
regulations  for  the  government  of  such  elections  as  to  them  shall 
seem  proper;  they  shall  also  fix  the  compensation  to  be  received 
by  each  of  said  cotton  weighers,  said  compensation  not  to  exceed 
five  cents  per  bale  for  each  bale  of  cotton  weighed  by  any  one  of 
them.  Said  Commissioners  shall  canvass  the  votes  polled  at  said 
elections,  declare  said  elections,  and  issue  a  commission  to  the 
person  declared  elected:  Provided,  That  no  person  elected  public 
cotton  weigher  under  the  provisions  of  this  section  shall  receive  a 
commission  to  enter  upon  the  discharge  of  his  duties  as  such  public 
cotton  weigher  until  he  has  entered  into  a  good  and  sufficient  bond, 
with  two  or  more  sureties,  in  the  sum  of  one  thousand  dollars,  pay- 
able to  said  Commissioners,  and  conditioned  for  the  faithful  per- 
formance of  his  duties  as  such  cotton  weigher,  said  bond  to  be 
approved  by  said  Commissioners.  Any  other  person  than  a  duly 
elected  and  commissioned  cotton  weigher,  charging  or  receiving  any 
sum  or  sums  of  money  or  other  valuable  consideration  for  weighing 
cotton  in  said  County  of  Lancaster,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  fined  a  sum  not 
exceeding  one  hundred  dollars,  or  imprisonment  for  a  term  not 


446  Laws  Concerning  Weights  and  Measures 

exceeding  thirty  days.     The  said  commissioners  are  authorized  to 
fill  any  vacancy  caused  by  the  death  or  resignation  of  any  cotton 
weigher  elected  under  the  provisions  of  this  Section  by  appoint- 
ment. 
(7910)  jn  every  city  of  more  than  twenty  thousand  and  less  than  fifty 

c>ec.  I558A,  asamenu-  J  J  .  t  it          i  t*  TT     •        t 

ed  by  act  i9,  sess.,  thousand  inhabitants,  as  shown  by  the  last  preceding  United 
1  States  census,  and  within  the  township  in  which  such  city  is  situ- 
ated, the  purchase  and  sale  of  cotton  in  bales  shall  be  regulated  by 
the  provisions  of  this  section.  The  County  Board  of  Commission- 
public  cotton  piat-  ers  shall  cause  to  be  maintained  a  public  cotton  platform  adequate 
to  hold  not  less  than  three  thousand  (3,000)  bales  of  cotton,  said 
platform  to  have  a  substantial  roof,  sufficient  number  of  suitable 
scales,  and  to  be  located  as  accessibly  as  possible  to  the  railroad, 
or  railroads  and  to  the  neighboring  cotton  warehouse,  or  ware- 
houses and  compresses,  if  any,  for  the  convenient  handling  of  cotton 
from  said  platform  to  freight  trains  and  to  such  cotton  warehouses 
or  compresses,  said  platform  to  be  open  and  accessible  to  wagons, 
the  cost  of  maintenance  of  the  same  to  be  paid  by  the  County  Board 
of  Commissioners  out  of  funds  in  their  hands.  The  said  County 
Board  of  Commissioners  shall,  on  or  before  the  first  day  of  July, 
iien6 ighei  19I1L>  and  every  four  years  thereafter,  elect  and  commission  for  the 
term  of  four  years  one  cotton  weigher  for  such  city  and  township : 
Provided,  That  said  cotton  weigher  shall  not  be  related  within  the 
sixth  degree  to  any  member  of  said  Board  of  County  Commission- 
ers. Such  cotton  weigher,  before  receiving  his  commission,  shall 
take  and  subscribe  to  the  oath  of  office  and  enter  into  a  bond,  with 
an  approved  surety  company  as  surety,  in  the  sum  of  one  thousand 
dollars  for  the  faithful  performance  of  his  duties,  payable  to  the 
County  Board  of  Commissioners  for  the  use  of  any  party  who  may 
be  aggrieved,  said  bond  to  be  approved  by  said  board  and  filed 
with  the  Clerk  of  Court,  the  premiums  on  said  bond  to  be  paid  by 
said  board.  Said  cotton  weigher  shall  have  a  night  watchman  on 
duty  at  said  platform  from  sunset  to  sunrise  of  every  day,  and 
shall  employ  one  assistant  for  every  day  from  September  ist  to 
December  3ist,  and  may  have  other  assistants  during  the  year. 
He  shall  frequently  test  the  scales  at  said  platform  and  keep  them 
accurate,  and  weigh  promptly  and  fairly  all  cotton  offered  to  him 
and  mark  each  bale  of  cotton  as  indicated  by  tag  of  buyer  and 
number  of  each  bale  of  cotton,  and  keep  together  all  the  cotton  of 
the  several  buyers,  separate  and  apart  from  each  other,  so  as  to 
facilitate  prompt  shipment  and  issue  ticket  showing  number, 
mark  and  weight  of  every  bale  weighed  by  him,  and  to  adjust  any 
differences  between  sellers  and  buyers  as  to  moisture  and  mixed 
or  false  packing.  Said  cotton  weigher  shall  represent  neither 
buyer  nor  seller  of  the  cotton  weighed  nor  be  interested  in  any 


South  Carolina  447 

purchase  or  sale,  except  in  cotton  from  his  own  farm,  and  shall 
receive  and  charge  for  his  services  and  the  use  of  the  platform, 
fifteen  cents  for  each  bale  weighed  by  him,  seven  cents  to  be  paid 
by  the  seller  and  eight  cents  to  be  paid  by  the  buyer,  and  for  such 
cotton  as  may  remain  on  the  platform  for  more  than  three  days 
the  said  weigher  shall  collect  an  additional  charge  of  one  cent  per 
bale  for  every  additional  day,  to  be  paid  by  the  owner,  all  cotton 
to  be  at  the  risk  of  the  weigher,  loss  by  fire  excepted,  for  the  first 
three  days,  and  thereafter  at  the  risk  of  the  owner.  The  said  cotton 
weigher  shall,  during  the  cotton  season,  maintain  a  blanket 
insurance  to  cover  at  least  fifty  bales  of  cotton  left  upon  the  plat- 
form for  sale,  and  shall  compensate  himself  for  the  cost  of  such 
insurance  by  deducting  the  amount  thereof  from  the  charge  here- 
inafter provided  to  be  collected  for  the  use  of  the  platform  by  cot- 
ton remaining  thereon  more  than  three  days.  The  public  cotton 
weigher,  herein  provided  for,  shall  appoint  a  deputy  to  serve  in  his  Deputy 
place  during  necessary  absence  by  sickness  or  otherwise,  such 
appointment  to  be  approved  by  the  Board  of  County  Commission- 
ers, which  deputy  shall  take  the  usual  oath  of  office,  the  bond  of 
the  cotton  weigher  being  liable  for  the  official  acts  of  such  deputy. 
The  public  cotton  weigher  shall  weigh,  inspect  and  sample  before 
sale,  every  bale  of  cotton  brought  to  said  platform  for  sale,  and  no 
cotton  shall  be  sold  until  after  it  has  been  so  weighed  and  inspected. 
All  cotton  in  bales  weighed  in  such  city  or  township  for  sale  therein 
and  purchased  in  such  city  or  township  at  weights  ascertained  by 
weighing  in  such  city  or  township  (it  being  intended  hereby  not  to 
include  under  the  terms  herein  cotton  bought  upon  weights  stated 
in  bills  of  lading  of  shipments  to  said  city  or  town) ,  shall  be  brought 
to  said  platform  for  sale,  and  no  cotton  in  bales  shall  be  sold  or 
purchased  in  such  city,  town  or  township,  by  any  seller  or  pur- 
chaser or  agent,  except  upon  certificate  that  it  has  been  weighed 
and  inspected  at  such  platform  by  the  public  cotton  weigher  or 
deputy:  Provided,  That  the  provisions  of  this  section  shall  not  Proviso 
apply  to  cotton  sold  by  regular  cotton  dealers  out  of  recognized 
cotton  warehouses  or  cotton  compresses  in  such  city,  town  or 
township,  or  to  cotton  weighed  upon  platforms  or  at  gin  houses  or 
bought  upon  the  faith  of  weights  guaranteed  by  the  sellers.  The 
said  cotton  weigher  shall  render  to  the  County  Board  of  Commis- 
sioners a  monthly  statement  of  the  cotton  weighed  by  him,  and 
shall  pay  to  said  board  as  compensation  for  the  use  of  the  platform 
and  equipment,  after  deducting  the  cost  of  maintaining  the  blanket 
insurance  to  cover,  during  the  cotton  season,  at  least  fifty  bales  of 
cotton  left  upon  the  platform  for  sale,  as  hereinabove  provided  for, 
one  cent  per  bale  for  all  cotton  weighed  on  said  platform  and  one- 
half  the  amount  collected  for  cotton  remaining  on  the  platform 


448  Laws  Concerning  Weights  and  Measures 

more  than  three  days.  All  other  moneys  received  by  virture  of  the 
charges  herein  provided  for  shall  be  retained  by  the  cotton  weigher 
for  his  compensation  and  expenses.  The  County  Board  of  Com- 
missioners shall  have  power  to  remove  from  his  office  the  said  cot- 
ton weigher  after  at  least  three  days'  notice  why  he  should  not  be 
removed,  and  on  sufficient  cause  being  shown,  and  said  board 
shall  fill  any  vacancy  in  a  manner  hereinabove  provided  for  the 
election  of  a  cotton  weigher. 
sec.  iS58b,  as  amend-  Any  and  every  person,  for  himself  or  his  agent,  and  any  cor- 

ifaws^fi^p.1*;  Sess'  poration,  who  shall  sell  or  buy  in  such  city  or  township  any 
cotton  bale  or  bales  contrary  to  the  provisions  of  Section  issSa, 
shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
punished  by  a  fine  of  not  exceeding  fifty  dollars,  or  imprisonment 
for  not  exceeding  ten  days  for  each  offense. 

s£.  'i03' I9IOp  p' 6l2  That  from  and  after  the  approval  of  this  act,  it  shall  be  unlawful 
m  weight  ot°  cotton™*  ^OT  any  Person>  firm  or  corporation  engaged  in  the  business  of  buy- 
ing cotton  in  this  state,  as  principal  or  agent,  to  deduct  any  sum 
for  bagging  and  ties  from  the  weight  or  price  of  any  bale  of  cotton, 
when  the  weight  of  the  bagging  and  ties  does  not  exceed  six  per 
cent  of  the  gross  weight  of  such  bale  of  cotton.  In  the  event  that 
the  weight  of  the  bagging  and  ties  exceed  six  per  cent  of  the  gross 
weight  of  such  bale  of  cotton,  only  the  excess  over  the  said  six  per 
cent  may  be  deducted. 

For  each  and  every  violation  of  this  act,  the  offender  shall  be 
guilty  of  a  misdemeanor  and  shall  be  fined  in  the  sum  of  not  less 
than  five  dollars,  nor  more  than  twenty-five  dollars,  or  imprisoned 
not  less  than  ten  days,  nor  more  than  thirty  days :  Provided,  That 
this  act  shall  not  apply  to  what  is  known  in  the  trade  as  round 
bales,  and  bales  of  cotton  which  weigh  less  than  three  hundred 
pounds. 
coton5' ^gher19lor  That  from  and  after  the  approval  of  this  act,  there  shall  be 

the  town  of  Kershaw  annually  elected  by  the  qualified  electors,  resident  within  the 
county  of  Kershaw,  a  public  cotton  weigher,  who  shall  have  an 
office  in  the  town  of  Kershaw,  in  said  county.  Such  weigher  shall 
be  sworn  to  discharge  the  duties  of  the  position  by  some  officer 
authorized  to  administer  an  oath.  *  *  *  The  said  weigher 
shall  enter  into  bond  to  the  said  county  supervisor  in  the  sum  of 
three  hundred  dollars  for  the  faithful  performance  of  his  duties, 
which  bond  shall  be  approved  by  and  filed  with  the  said  county 
supervisor,  and  said  weigher  shall  receive  as  compensation  for  his 
services  ten  cents  per  bale  for  each  bale  weighed  by  him,  the  same 
to  be  paid  in  equal  proportions  by  the  buyer  and  seller.  It  shall 
be  the  duty  of  said  cotton  weigher  to  provide  scales  and  ample 
facilities  for  handling  cotton  sold  and  weighed.  It  shall  be  the 
duty  of  the  said  weigher  to  weigh  all  cotton  brought  to  him  to  be 


South  Carolina  449 

weighed  fairly  and  promptly,  issuing  a  ticket  therefor,  which  shall 
show  the  weight  of  each  bale.  It  shall  be  his  further  duty  to 
adjust  any  differences  between  buyers  and  sellers  as  to  moisture, 
mixture  or  false  packing.  In  case  of  disability,  by  sickness  or 
other  cause,  the  said  weigher  may  appoint  temporarily  a  deputy, 
who  shall  take  the  usual  oath  of  office  before  a  magistrate  previous 
to  entering  upon  his  duty.  When  any  false  weighing  or  omission 
of  duty  on  the  part  of  said  weigher  occurs,  whereby  either  buyer 
or  seller  suffers  loss  or  injury,  such  weigher  and  his  bondsmen  shall 
be  held  liable  to  the  extent  of  such  loss  or  injury.  *  *  *  The 
person  receiving  the  highest  number  of  votes  cast  in  such  election 
shall  be  the  cotton  weigher  for  the  said  town,  and  his  term  of  office 
shall  be  for  one  year  and  until  the  election  and  qualification  of  his 
successor. 

That  from  and  after  the  approval  of  this  act,  there  shall  annually   ££ 3rl6-  I9I°- p- 6^ 
be  elected  in  each  town  in  the  county  of  Chesterfield,  where  cotton   cotton  weighers  in 

,  ,  ,.  -111      11   1  1-      towns   in  Chesterfield 

is  marketed,  a  public  cotton  weigher,  who  shall  be  sworn  to  dis-  county 
charge  the  duties  of  the  position  by  some  officer  authorized  to 
administer  oaths.  *  *  *  In  the  event  of  temporary  illness  or 
other  temporary  disability,  to  discharge  the  duties  of  said  office, 
such  cotton  weigher  shall  have  the  right  to  appoint  a  deputy  to 
discharge  the  duties  of  said  office,  who  shall  take  the  usual  oath 
before  entering  upon  his  duties.  In  the  event  of  vacancy  by  death 
or  resignation,  the  town  council  shall  have  the  right  to  fill  said 
vacancy  by  appointment  for  the  unexpired  term.  *  *  *  The 
said  weigher  shall  enter  into  bond  to  the  said  town  council,  in  the 
sum  of  two  hundred  ($200)  dollars,  for  the  faithful  performance  of 
his  duties,  which  bond  shall  be  approved  and  filed  with  the  said 
town  council,  and  said  weigher  shall  receive  a  compensation  for  his 
services  eight  cents  per  bale,  four  cents  to  be  paid  by  the  purchaser 
and  four  cents  to  be  paid  by  the  seller.  It  shall  be  the  duty  of  such 
weigher  to  provide  scales  for  the  weighing  of  such  cotton  as  may 
be  brought  to  such  market,  which  scales  shall  be  subject  to  inspec- 
tion at  all  times  by  the  clerk  of  court  of  said  county.  It  shall 
be  the  duty  of  such  weigher  to  adjust  all  differences  between 
purchasers  and  sellers  as  to  moisture  or  dampness  of  said  cotton, 
etc.  ^  ^  ^ 

8578°— 12 29 


SOUTH  DAKOTA 


A  bushel  of  each  of  the  articles  enumerated  in  this  section  shall  chR2ev-aPt°L  Code- I9°3> 
consist  of  the  number  of  pounds  avoirdupois  respectively  affixed  °  sec^Wa'sTmended 

1          .        ,  by  Sess.  Laws  1901,  p. 

to  each,  viz :  *  3i4 


Pounds. 

Oats 32     Legal  weights  oi  the 

Onions 52  bushel 

Potatoes,  Irish 60 

Potatoes,  sweet 46 

Peas 60 

Rye 56 

Salt 80 

Turnips 60 

Timothy  seed 42 

Wheat 60 

Spiltz 45 


Pounds. 

Barley 48 

Beans 60 

Bran 20 

Buckwheat 42 

Beets 60 

Broom  corn  seed 30 

Corn,  shelled 56 

Corn  in  the  ear 70 

Clover  seed 60 

Lime 80 

Coal,  stone 80 

Flax  seed 56 

A  ton  of  hay  shall  consist  of  two  thousand  pounds ;  or,  by  meas-    f^  3IC 
urement,  three  hundred  and  forty-three  cubic  feet,  after  the  samemeasure 
shall  have  been  stacked  thirty  days,  or  such  time  as  may  be  agreed 
upon  between  the  parties. 

A  perch  of  mason  work  or  stone  is  declared  to  consist  of  twenty- 
five  feet  cubic  measure. 

The  Treasurer  of  this  state  shall  procure  and  keep  in  his  office  at 
the  capitol  of  the  state  the  following  standards  of  weights  and 
measures,  which  shall  conform  in  every  practical  particular  to  the 
United  States  standards  of  weights  and  measures,  to-wit'  One 
bushel,  one-half  bushel,  one  peck,  one-half  peck,  one  quart,  one 
wine  gallon,  one  wine  half  gallon,  one  wine  quart,  one  wine  pint, 
one  wine  gill.  Said  measures  shall  be  made  of  copper  or  other 
suitable  and  substantial  material ;  also  one  surveyor's  chain  thirty- 
three  standard  feet  in  length,  one  yard  measure,  one  foot  measure, 
and  one  inch  measure;  also  one  one-hundred  pound  weight,  one 
fifty  pound  weight,  one  twenty-five  pound  weight,  one  ten  pound 
weight,  one  one-pound  weight,  one  half-pound  weight,  one  quarter- 
pound  weight,  one  one-eighth  of  a  pound,  one  one-sixteenth  of  a 
pound  or  one-ounce  weight,  one  set  of  apothecaries'  weights  from 
one  pound  to  one  grain,  one  set  of  troy  weights  from  one  pound  to 
one  grain;  besides  such  other  scales,  beams  and  balances  as  shall 

1  For  convenience  in  printing  a  slight  change  has  been  made  in  the  arrangement  of  these  articles. 

45* 


hay,    cubic 


Sec.  3169 

Standards  of  weights 
nd  measures  to  be 
ept  by  state  treasurer 

Capacity 


Length 


Weight 


452  Laws  Concerning  Weights  and  Measures 

be  necessary  to  test  other  weights  by  these  standards;  which 

measures,  scales,  weights,  beams  and  balances,  are  hereby  declared 

scaie9  and  balances  to  be  the  legal  stan(jar(js  of  weights  and  measures  for  this  state. 

The  said  state  treasurer  shall  be  charged  with  the  custody  and 
accountable  to  the  state  for  the  proper  use  and  care  of  the  same. 
Said  standards  shall  be  used  only  for  testing  the  standards  pro- 
vided for  in  section  3170,  and  said  treasurer  shall  keep  a  record  of 
all  county  weights,  measures,  beams  and  balances  marked  and 
tested  by  him. 

c^ty7°commission-  The  county  commissioners  of  each  county  are  hereby  authorized 
plicate**  purchase  du~  to  purchase  such  duplicates  of  the  above  enumerated  weights  and 

county  standards  measures  as  they  shall  deem  necessary  for  the  use  of  their  respec- 
tive counties  in  carrying  out  the  following  provisions  of  this  article, 
4-  which  duplicates  shall  be  paid  for  by  the  county  and  delivered  to 
the  sheriff,  who  is  hereby  declared  to  be  the  sealer  of  weights  and 
measures  for  the  county,  and  may  appoint  such  deputies  as  he  may 
consider  necessary  in  different  parts  of  the  county,  who  shall  pos- 
sess the  same  powers  and  perform  the  same  duties  under  this  arti- 
cle as  the  sheriff  may,  and  may  furnish  such  deputies  with  dupli- 
cates as  the  county  commissioners  may  be  willing  to  provide  for 
their  separate  use,  or  may  allow  them  to  use  those  provided  for 

Bond  required  himself .  Each  and  every  such  sealer  and  deputy  sealer  of  weights 
and  measures  shall  give  a  bond  to  the  county  of  not  less  than 
double  the  cost  of  the  duplicates  furnished  him,  conditioned  that 
he  will  safely  keep  and  care  for  such  duplicates,  and  in  good  condi- 
tion will  turn  them  over  to  his  successor,  and  upon  said  bond  shall 
take  and  subscribe  an  oath  of  office  substantially  the  same  form  as 
that  administered  to  other  county  officers. 

IherlfHo  test  weights  The  sheriff  as  ex-officio  sealer  of  weights  and  measures  shall 
and  measures  fa  j^e  month  of  July  in  each  year  test  by  his  duplicates  all  scales, 

weights  and  measures  found  by  him  in  his  county,  used  as  pro- 
vided in  section  3172  and  shall  give  the  person  in  charge  thereof 
a  certificate  of  the  correctness  thereof,  if  found  to  be  correct; 
and  if  found  to  be  incorrect,  he  shall  cause  the  same  to  be  made 
correct  if  it  can  so  be  done,  and  if  not,  he  shall  mark  the  same 
"condemned."  He  shall  keep  a  record  of  all  such  certificates 
issued  by  him  and  of  all  his  transactions  under  this  article.  For 

Fees  testing  any  measure,  weight  or  scale  as  provided  in  this  section 

he  may  charge  the  owner  or  person  in  charge  the  sum  of  fifty 
cents:  Provided,  that  when  any  scale  is  tested  the  certificate 
.  shall  cover  the  weights  used  with  scale,  and  the  sealer  shall  not 
be  allowed  to  charge  more  than  fifty  cents  for  testing  each  scale 
and  its  several  weights. 

sec.  3172  The  county  commissioners  of  each  county  shall  prescribe,  by 

Kinds  and  quantities  t     ,.  XX-L  rr  -L     L    1  •      1  i  *•.••  f 

of  food,  etc.,  sold  with-  resolution  to  that  effect,  what  kinds  and  quantities  of  goods, 
rad  matrons  wcigbt8  wares,  merchandise,  grain,  live  stock  and  produce  may  be  sold 


South  Dakota  453 

or  exchanged  with  or  without  the  use  of  the  standard  weights 
and  measures  and  tested  scales,  and  may  amend  such  resolution 
at  any  regular  meeting,  which  resolution  and  amendments  shall 
be  entered  in  the  minutes  of  their  meeting  and  published  as  part 
of  their  proceedings;  and  it  shall  be  unlawful  for  any  person,  firm 
or  corporation,  by  themselves  or  any  representative,  to  use  any 
scale,  weight  or  measure  for  computing  the  quantity  of  any  goods, 
wares,  merchandise,  grain,  live  stock  or  produce  to  be  bought  or 
sold  by  him  or  them  in  any  greater  quantity  than  that  allowed 
by  the  board  of  county  commissioners  of  the  county  without 
having  the  same  conform  to  the  standard  provided  for  by  this 
article,  and  having  the  same  tested  as  provided  for  in  section 
3171,  or  under  the  conditions  named  in  3174. 

Any  person  believing  any  dealer  is  violating  any  of  the  provi-  complaint  on  vioia- 
sions  of  this  article  or  any  subsequent  resolution  of  the  board  oftionoflaw 
county  commissioners  made  by  authority  hereof,  may  make  com- 
plaints in  writing  to  any  sealer  or  deputy  sealer  and  deposit  with 
him  five  dollars,  setting  forth  the  particular  facts  of  such  viola- 
tion, and  that  he  has  reason  to  believe  that  the  same  are  true. 
Upon  such  complaint  such  sealer  or  his  deputy  shall  forthwith 
test  the  scale,  weights  or  measures  respecting  the  matter  com- 
plained of,  by  his  duplicates,  and  if  found  to  conform  thereto  he 
may  convert  the  five  dollars  so  deposited  by  the  complainant  to 
his  own  use  as  his  fees  for  such  service.  If  he  finds  that  any  of  Arrest 
the  matters  complained  of  be  true  he  shall  return  the  five  dollars 
to  the  complainant,  and  it  shall  be  his  duty  to  forthwith  arrest 
the  person  in  charge  of  such  scales  and  bring  him  to  trial  before 
any  justice  of  the  peace  in  the  county;  and  upon  conviction  such 
person,  whether  the  owner  or  not,  shall  be  guilty  of  a  misdemeanor 
and  punishable  in  the  discretion  of  the  court.  In  all  such  cases 
the  sealer  or  deputy  sealer  making  the  test  shall  make  and  swear 
to  the  complaint  in  court  and  shall  be  entitled  to  the  same  fees 
as  allowed  officers  making  arrests  upon  a  warrant,  besides  the 
sum  of  one  dollar  for  making  the  test.  Any  sealer  may  upon 
his  own  view  of  violation  of  the  provisions  of  this  article  or  any 
subsequent  resolution  made  by  the  board  of  county  commission- 
ers of  his  county  by  authority  hereof,  arrest  and  bring  to  trial 
such  offender  in  the  manner  above  provided. 

It  shall  be  the  duty  of  every  person,  firm  or  corporation  who 
desires  to  use  any  scale,  weight  or  measure  for  computing  the  weights,  measures,  and 
quantity  of  any  goods,  wares,  merchandise,  produce,  grain  or8" 
live  stock  to  be  bought  or  sold  by  him  or  them  in  greater  quan- 
tity than  those  provided  in  the  resolutions  of  the  county  com- 
missioners of  his  county,  to  send  by  mail  a  notice  to  any  sealer 
to  test  such  scales,  weights  or  measures,  and  it  shall  be  the  duty 


454  Laws  Concerning  Weights  and  Measures 

of  any  sealer  receiving  such  notice  to  test  such  scale,  weights  or 
measures  within  ten  days,  and  during  such  time  before  the  same 
are  tested  the  same  may  be  used  for  such  purpose,  and  the  user 
shall  be  liable  only  for  damages  in  a  civil  action. 

b^&'iiwTSSylS1     ^h*s  art^e  as  to  Sections  3170,  3171,  3172.  3J73  and  3174, 

2<LpiS4iiaw  )09'c  'shall  take  effect  and  be  in  force,  in  each  county  in  this  state,  upon 
*a  resolution  to  that  effect,  adopted  by  a  majority  of  the  board  of 
county  commissioners  thereof,  and  published  in  each  of  the 
official  county  newspapers  of  said  county;  provided,  that  any 
such  board  of  county  commissioners  shall,  whenever  requested  so 
to  do  by  a  petition  signed  by  not  less  than  five  per  cent  of  the  legal 
voters  of  such  county,  based  upon  the  returns  of  the  last  preceding 
general  election  in  and  for  such  county,  adopt  and  publish  such 
resolution  as  aforesaid. 

ipSfdi.  s*p?"£°de'     ^  any  Person  witn  intent  to  defraud,  use  a  false  balance,  weight 
fSseS9weights  andor  measure,  in  the  weighing  or  measuring  of  anything  whatever 

measures  that  is  purchased,  sold,  bartered,  shipped  or  delivered,  for  sale  or 

barter,  or  that  is  pledged  or  given  in  payment,  he  shall  be  pun- 
ished by  fine  not  exceeding  one  hundred  dollars  nor  less  than  five 
dollars,  or  by  imprisonment  in  the  county  jail  not  more  than  thirty 
days,  or  by  both  such  fine  and  imprisonment,  and  shall  be  liable 
to  the  injured  party  in  double  the  amount  of  damages. 
iTe tuning  false  Every  person  who  retains  in  his  possession  any  weight  or 

weights  and  measures  measure,  knowing  it  to  be  false,  unless  it  appears  beyond  a  reason- 
able doubt  that  it  was  so  retained  without  intent  to  use  it,  or 
permit  it  to  be  used  in  violation  of  the  last  section,  shall  be  pun- 
ished as  therein  provided. 
ISiing1  false  weights     Every  person  who  is  authorized  or  enjoined  by  law  to  arrest 

and  measures  another  person  for  a  violation  of  sections  659  and  660,  is  equally 

authorized  and  enjoined  to  seize  any  false  weights  or  measures 
found  in  the  possession  of  the  person  so  arrested,  and  to  deliver 
the  same  to  the  magistrate  before  whom  the  person  so  arrested  is 
required  to  be  taken, 
weight*  may  be     The  magistrate  to  whom  any  weight  or  measure  is  delivered, 

tested  and  destroyed  pursuant  to  the  last  section,  shall  upon  the  examination  of  the 
accused,  or  if  the  examination  is  delayed  or  prevented,  without 
awaiting  such  examination,  cause  the  same  to  be  tested  by  com- 
parison with  standards  conformable  to  law,  and  if  he  finds  it  to  be 
false,  he  shall  cause  it  to  be  destroyed,  or  to  be  delivered  to  the 
state's  attorney  of  the  county  in  which  the  accused  is  liable  to 
indictment  or  trial,  as  the  interests  of  justice  in  his  judgment 
require. 
Deletion  of  false  Upon  the  conviction  of  the  accused,  such  state's  attorney  shall 

weights  or  measures   cause  any  weight  or  measure  in  respect  whereof  the  accused 


South  Dakota 


455 


stands  convicted,  and  which  remains  in  the  possession  or  under 
the  control  of  such  state's  attorney,  to  be  destroyed. 

Every  person  who  knowingly  marks  or  stamps  false  or  short   fraudulent   stamp* 
weight  or  false  tare  on  any  cask  or  package,  or  knowingly  sells  or  *"*  or  packa*e 
offers  for  sale  any  cask  or  package  so  marked  is  guilty  of  a  mis- 
demeanor. 

Any  person,  firm,  company  or  corporation  purchasing  grain  in   sec.66srfw) 
the  State  of  South  Dakota  who  shall  take  or  keep  a  greater  number  gratandard  bushel  " 
of  pounds  for  a  bushel  than  that  established  by  law  is  guilty  of  a   Dockage  a  misde- 
misdemeanor.  meaner 

There  shall  be  appointed  in  each  city  of  the  state,  by  the  city   Rev.  p®Sde,  i9o3 
council  thereof,  at  least  one  public  weigher  and  measurer,  and  in   ^mtment  oi  pub- 
all   incorporated   towns   at   least   one   such  public  weigher   and  lic  wei*ner 
measurer,  and  such  public  weigher  and  measurer  shall  be  appointed 
in  April  of  each  year,  and  shall  hold  his  office  for  one  year  and 
until  his  successor  is  appointed  and  qualified. 

Every  city,  or  town  in  which  such  public  weigher  is  appointed,    standards  furnished 
shall  furnish  to  each  such  public  weigher  and  measurer  a  set  of 
weights  and  measures  of  the  United  States  standard,  which  shall 
be  under  the  exclusive  control  of  such  weigher  and  measurer. 

It  shall  be  the  duty  of  each  such  city  or  town  to  procure  for 
each  public  weigher  and  measurer  therein  appointed  a  set  of  true 
and  exact  scales  having  a  capacity  to  weigh  five  tons  at  one  time, 
and  shall  cause  such  scales  to  be  set  up  and  properly  arranged  for 
weighing  in  a  convenient  place  in  such  city  or  town,  to  be  selected 
by  the  city  council,  and  such  scales  shall  be  under  the  control  and 
management  of  the  public  weigher  and  measurer  appointed  to  the 
same. 

It  shall  be  the  duty  of  the  public  weighers  appointed  under  the 
provisions  of  this  article  to  immediately  and  correctly  weigh  all 
articles  loads  or  animals  brought  for  that  purpose  to  the  scales 
over  which  he  has  control. 

Such  public  weigher  shall  test  by  his  standard  weights  any    Teeing5  measures, 
scales  used  by  any  person  dealing  with  the  public,  and  test  all 
measures  brought  to  him  to  be  tested  by  the  standard  measures 
in  his  possession,  whenever  requested  so  to  do  by  any  person 
interested  in  the  correctness  of  such  scales  or  measures. 

The  public  weigher  and  measurer  shall  give  to  every  person 
for  whom  he  does  any  weighing  a  certificate  showing  the  gross 
amount  thereof,  and  shall  keep  in  his  office  a  true  and  correct 
copy  of  the  certificate  so  given,  which  certificate  shall  be  prima 
facie  evidence  of  the  weight  of  the  article,  animal  or  load  so 
weighed. 

The  public  weigher  shall  receive  for  each  weight  so  made  by   lies1557 
him  a  sum  of  ten  cents,  and  for  each  scale  so  tested  by  him  the 


etc< 


keep  scales  in     It  shall  be  the  duty  of  the  public  weigher  and  measurer  to  keep 


456  Laws  Concerning  Weights  and  Measures 

sum  of  twenty-five  cents,  and  for  each  measure  tested  by  him 
the  sum  of  twenty-five  cents,  to  be  paid  by  the  person  for  whom 
such  test  is  made. 

keep 
good  condition  tjje  scaies  OVer  which  he  has  control,  by  virtue  of  his  office,  in 

condition  to  make  true  and  exact  weighing. 

Any  weigher  and  measurer  mentioned  in  this  article  who  shall 
make  any  false  or  fraudulent  certificate  of  any  weighing  or  meas- 
uring done  by  him,  or  shall  be  guilty  of  any  collusion  with  any 
other  person  or  persons  for  the  purpose  of  deceiving  any  person  or 
persons  in  regard  to  the  correctness  of  any  scales,  weights  or 
measures  shall  be  punished  for  each  offense  by  a  fine  of  one 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  ninety 
days,  or  by  both  such  fine  and  imprisonment. 

sess.  Laws.  1903.  ch.     ^11  scales  over  which  any  grain,  live  stock,  produce,  coal  or 
"sec.'/  4  merchandise  of  any  kind  is  weighed,  in  quantities  over  five  hun- 

Scales     to     be     in-  .  -*     .   ,  ,      °.  niv 

spected  dred  (500)  pounds  either  in  buying  or  selling,  receiving  or  ship- 

ping, may  be  inspected  as  provided  in  this  act,  at  least  once  in 

each  month  of  each  year  and  oftener  if  occasion  requires,  as 

provided  for  in  this  act. 

Appointment  of  in-     The  mayor  m  each  city,  or  the  president  of  the  board  of  trustees 

spector  or  township  board  in  organized  townships  and  board  of  county 

commissioners  for  unorganized  townships  in  any  [incorporated 
town  or  village,  organized  or  unorganized  townships  may,  if 
deemed  necessary,  appoint  a  suitable  person,  resident  of  said 
city  or  town,  organized  or  unorganized  townships  as  city  or 
town,  organized  or  unorganized  township  inspector  of  scales 
whose  term  of  office  shall  run  with  and  be  concurrent  with  the 
term  of  office  of  said  mayor  or  president  of  the  board  of  trustees, 
and  said  appointment  shall  be  subject  to  confirmation  by  the 
Duty  city  council  of  said  city  or  board  of  trustees  of  said  town.  It 

shall  be  the  duty  of  said  inspector  of  scales  to  examine  and  test 
each  and  every  scale  within  the  corporate  limits  of  his  city  or 
town  on  which  any  articles  of  commerce  are  weighed  in  quantities 
over  five  hundred  (500)  pounds  when  bought  or  sold,  at  least 
once  in  each  calendar  month  and  he  shall  affix  to  said  scale  the 
day  and  date  of  each  test  by  affixing  the  brand  or  device,  viz.: 

Examined,    tested   and  found  correct   (or  incorrect)  as   the   case  may  be,  this 
-  day  of  -  '-. 


Inspector. 

With  his  official  signature  on  said  brand  or  device.  And  he 
shall  keep  a  record  of  the  day  and  date  and  the  name  and  owner 
of  the  scale  or  scales  so  inspected  and  in  case  he  finds  the  scales 
incorrect,  he  shall  give  notice  to  the  person  owning  or  operating 


South  Dakota 


457 


Sec.  3 
Penalty 


Sec.  4 

Service  of  process 


Sec.  5 

Power  of  inspector 


Sec.  7 
Compensation 


said  scale,  and  said  scale  shall  not  be  used  until  it  is  satisfactorily 
adjusted. 

The  owner  or  person  operating  said  scale  or  scales  where  the 
same  are  found  incorrect  and  so  branded  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  subject 
to  a  penalty  in  the  discretion  of  the  court  in  any  sum  not  exceeding 
one  hundred  dollars. 

For  the  purpose  of  service  of  any  process  or  notice  as  provided 
for  in  this  act,  any  notice  or  process  shall  be  deemed  served  on  any 
foreign  corporation,  railroad  corporation  or  non-resident  of  the 
city  by  leaving  a  copy  of  the  same  with  the  person  in  charge  of 
the  scale  or  scales  or  with  the  resident  agent  of  the  said  corpora- 
tion or  railroad  corporation  or  non-resident  in  said  city  or  town. 

The  city  or  town  scale  inspector  shall  have  the  right  to  inspect 
and  test  any  and  all  scales  within  his  city  or  town  limits  on  which 
any  article  of  commerce  is  weighed  in  quantity  over  five  hundred 
(500)  pounds,  either  in  buying  or  selling. 

The  compensation  of  inspector  of  scales  shall  be  fixed  by  the 
city  council  or  board  of  trustees,  township  board  in  organized 
townships  and  boards  of  county  commissioners  for  unorganized 
townships  and  shall  be  paid  out  of  the  city,  township  or  county 
treasury. 

It  shall  be  the  duty  of  the  railroad  commissioners  of  the  state  of 
South  Dakota  to  supervise  the  handling,  inspection,  weighing, 
grading  and  storage  of  grain  and  seeds,  to  establish  all  necessary 

,    , .  °       r        ,1  •    i  •  j   •  x.  r  •  ^. 

rules  and  regulations  for  the  weighing  and  inspection  of  grain,  and 
for  the  management  of  the  public  warehouses  of  the  state,  as  far  as 
such  rules  and  regulations  may  be  necessary  to  enforce  the  pro- 
visions of  this  article,  or  any  law  of  this  state  in  regard  to  the  same; 
to  investigate  all  complaints  of  fraud  or  oppression  in  the  grain 
trade  of  this  state,  and  to  correct  the  saire  as  far  as  it  may  be  in 
their  power. 

Said  board  of  commissioners,  or  any  one  or  more  members   |o^rd°lhaii  test  scales 
thereof,  may  at  any  time  without   notice  enter  any  public  ware-    TO  provide  itseu  with 

.,  •        *_*  1  1  in          •    t  •  1  standard  weights  and 

house  in  this  state  and  test  and  seal  all  weighing  scales  and  meas-  measures 
ures  used  in  conducting  said  warehouse  business,  and  for  that  pur- 
pose the  said  commission  is  hereby  authorized  to  provide  itself  with 
standard  weights  and  measures. 

Every  person,  association  or  corporation   transacting  the  busi-T  Laws- I909- ch-  "• p- 
ness  of  a  public  warehouse  man  in  this  state  from  whose  warehouse   sec.  i 
or  elevator  grain  shall  be  shipped  to  any  terminal  point  at  which   weighing  of  grain  at 
such  grain  shall  be  weighed,  inspected  and  graded  by  the  officers wt 
of  the  state  wherein  such  terminal  point  is  situated,  and  certificates 
of  such  weighing,  inspection  and  grading  shall  be  issued  by  such 
officers,  and  every  consignee  of  grain  so  shipped  shall  transmit  and 


Rev.  Pol.  Code,  1903, 


Duties    of    railroad 
commissioners 


458  Laws  Concerning  Weights  and  Measures 

deliver  such  certificates  or  true  and  correct  copies  thereof  to  the 
person  having  the  immediate  charge  of  the  warehouse  or  elevator 
from  which  such  grain  was  shipped,  within  ten  days  after  the 
issuance  of  such  certificates,  and  the  said  certificates  shall  be  open 
to  the  inspection  and  examination  of  any  person  who  has  an  owner- 
ship interest  in  such  shipment. 

Penalty  Any  Person>  association  or  corporation  violating  the  provisions 

of  this  act  shall  be  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  be  fined  not  less  than  fifty  dollars  nor  more  than  one 
hundred  dollars  for  each  and  every  offense. 

^SmSS^^A      *    *     *    That  for  the  purpose  of  this  act  an  article  shall  also 

I9&C6  I3>  p'  "lSec' '  ke  deemed  to  be  misbranded. 
In  case  of  food.     *    *    * 

Third.  Every  package-form,  bottle  or  container,  if  the  same 
does  not  bear  the  true  net  weight,  the  true  net  measure  or  true 
numerical  count,  the  name  of  the  real  manufacturer  or  jobbers, 
and  the  true  grade  or  class  of  the  product,  all  of  which  is  to  be 
expressed  on  the  face  of  the  principal  label  in  clear  distinct 
English  words,  so  that  the  same  can  be  plainly  read,  Provided, 
that  package,  bottle,  or  container  on  hand  at  the  time  of  taking 
effect  of  this  act  do  not  come  within  the  provisions  of  this  para- 
graph, 
sess.  Laws.  1911.  ch.  The  term  "concentrated  commercial  feeding  stuffs"  as  used  in 

238,  p.  413  .  ^ 

sec.  I  this  act,  shall  be  held  to  include  all  feeding  stuffs  used  for  feeding 

Feeding  stuffs;  defl-  ,.  '  ,  11-1  • 

nitionof  live  stock  and  poultry,  except  whole,  unmixed  seeds  or  grams, 

whole  hays,  straws  and  corn  stover. 
ito<*  food;  definition     /"^ie  term  "  stock  f ood "  as  used  in  this  act,  shall  be  held  to 

<*  include  all  condimental,  patented,  proprietary  or  trade-marked 

stock  or  poultry  foods  in  powder  form  claimed  to  possess  medicinal 
properties  or  both  medicinal  and  nutritive  properties,  whether 
sold  under  names  such  as  food,  tonic,  regulator,  powder,  condi- 
tioner, remedy,  or  under  whatever  name  it  be  sold, 
feeding  stuffs  to  have     Any  manufacturer,  company,  person  or  persons  who  shall  sell 

net  weight  marked  offer  or  expose  for  sale  or  for  distribution  in  this  state,  any  con- 
centrated commercial  feeding  stuff,  shall  furnish  with  each  ship- 
ment, and  shall  affix  to  every  package  or  parcel  of  such  feeding 
stuffs,  in  a  conspicuous  place  on  the  outside  thereof,  a  legible 
and  plainly  printed  statement  in  the  English  language,  in  type 
as  large  as  ten  point,  clearly  and  truly  certifying: 

(a)  The  net  weight  of  the  package;  provided  that  all  concen- 
trated  commercial   feeding   stuffs   shall   be   in   standard   weight 
bags  or  packages  of  twenty-five  pounds  or  multiples  thereof,  or 
in  bulk; 

(b)  The  name,  brand  or  trade-mark; 


South  Dakota  459 

(c)  The  name  and  principal  address  of  the  manufacturer  or 
person  responsible  for  placing  the  commodity  on  the  mar- 
ket; *  *  *  . 

Every  lot,  parcel  or  package  of  stock  food  as  defined  in  section    §«*  7 

2  ,,  /  rr        j  j  r  j-  .L   't>         j       -xi.'         Stock  food  to  have  net 

2  of  this  act,  sold,  offered  or  exposed  for  sale  or  distributed  within  weight  marked 
this  state  shall  have  affixed  thereto  a  label  in  a  conspicuous 
place  on  the  outside  thereof,  containing  a  legible  and  plainly 
printed  statement  in  black  ink,  in  the  English  language,  clearly 
and  truly  certifying: 

(a)  The  net  weight  of  the  package; 

(b)  The  name,  brand,  or  trade-mark; 

(c)  The  name  and  principal  address  of  the  manufacturer  or 
person    responsible    for    placing    the    commodity    on    the    mar- 
ket;   *    *    *     . 


TENNESSEE 

The  standards  of  weights  and  measures  in  this  state  shall  be  the  Ig®h|f  j0^  ICode> 
same  as  those  adopted  by  the  government  of  the  United  States,  17.  P.  794 '  '  e  ' 
in  accordance  with  the  joint  resolution  of  congress,  approved  June   sec.  s^f/5"^ 
24,  1836,  copies  of  which  are  in  the  care  of  the  superintendent  of  andtma»sure°sf  weights 
weights  and  measures,  in  the  capitol;  that  is  to  say: 

(1)  The  standard  of  length,  a  copy  of  a  brass  scale  in  the  office   LenKth 
of  weights  and  measures 1  in  Washington,  one  yard  or  thirty-six 
inches  in  length,  at  the  temperature  of  sixty-two  degrees  Fahren- 
heit. 

(2)  The  standard  of  liquid  measures,  a  gallon  containing  two    Liquid  measur« 
hundred  and  thirty-one  cubic  inches  such  as  are  shown  on  the  sub- 
divisions of  the  yard. 

(3)  The  standard  of  dry  measure,   a  bushel  containing  two   Dry  measure 
thousand  one  hundred  and  fifty  and  forty-two  hundredths  of  such 

cubic  inches. 

(4)  The  standard  of  weights  for  the  precious  metals,  jewels,  etc.,    Wei«ht 
a  copy  of  the  troy  pound  of  the  United  States  mint,  containing  five 
thousand  seven  hundred  and  sixty  grains;  the  standard  of  com- 
mercial weights,  the  avoirdupois  pound,  containing  seven  thousand 

of  such  grains. 

He  (the  Superintendent  of  the  Capitol)  shall  take  charge  of  the   Code/IJjJgjpt. :  title 
standard  weights  and  measures  which  have  been  received  from  thea.ch.  2^art.6tP.  i&& 
general  government,  and  keep  them  in  the  room  in  the  capitol   standards,  who  to 
which  has  been  assigned  for  the  purpose,  and  use  every  precaution 
for  the  perfect  preservation  of  the  same. 

On  his  resignation,  removal  from  office,  or  removal  from  the  seat   custody  in  vacancy 
of  government,  he  shall  deliver  the  state  standards  to  his  successor, 
or  to  the  secretary  of  state. 

The  state  standards  shall  not  be  used  except  for  the  adjustment   ItSe3  standards,  how 
of  county  and  city  standards  and  scientific  purposes.  used 

The  governor  shall  cause  to  be  made,  under  the  direction  of  the 
superintendent,  a  set  of  standard  weights  and  measures  for  each 
county  of  the  state,  in  conformity  to  said  state  standards,  and  the 
superintendent  shall  adjust  and  verify  them  thereby  as  often  as 
necessary. 

1  The  office  of  Standard  Weights  and  Measures  was  changed  to  the  National  Bureau  of  Standards  (act 
of  Congress,  Mar.  3,  1901). 

461 


462  Laws  Concerning  Weights  and  Measures 

sec.  309  The  county  standards  are  not  to  be  used  except  for  the  adjust- 

rds>  ment  and  verification  of  the  substitutes  which  the  governor  shall 


cause  to  be  made,  under  the  direction  of  the  superintendent,  and 
furnished  to  the  order  of  the  county  court  of  each  county  in  the 
state,  together  with  suitable  balances,  brands,  stamps,  and  other 
apparatus  necessary  for  the  office  of  a  county  sealer  of  weights  and 
measures. 

code.i896.pt.  i.  title  There  shall  be  a  standard  keeper  and  sealer  of  weights  and 
3'se1c.57sP  23S  measures  in  each  county  of  the  state,  who  shall  be  appointed  by 
kefp°eurnand8stetierdardthe  county  court,  and  hold  his  office  during  the  pleasure  of  the 

court. 
sec.  576  He  shall  live  at  the  county  town,  or  as  near  thereto  as  a  person 

Where  to  reside  ,,  ,./»     «  ,  j 

well  qualified  can  be  procured. 

sec.  578  The  corporate  authorities  of  any  city  or  town  may  appoint 

keeper0™1101  a  standard  sealer  and  keeper  of  weights  and  measures  for  such 

city  or  town,  procuring  and  having  verified  suitable  standards, 
at  the  expense  of  such  corporation;  and  said  officer  shall  have 
the  same  power  and  authority  as  the  county  standard  keeper 
and  sealer. 

It  shall  be  his  duty  : 

sec.  S79  (i)  To  take  charge,  and  to  use  every  precaution  for  the  perfect 

keeper68  °'  8tandard  preservation,  of  the  standards  furnished  by  the  state,  so  as  to 
avoid  touching  them  with  the  hand,  and  any  soiling,  abrasion, 
or  other  injury  thereto. 

(2)  To  use  the  standards  to  adjust  and  verify  the  substitutes  or 
copies  furnished  him,  and  for  no  other  purpose. 

(3)  To  adjust  the  substitutes  or  copies  at  least  once  a  year. 

(4)  To   adjust   and  verify   all  weights,   measures,   and  other 
apparatus  used  for  weighing  and  measuring,  that  may  be  brought 
to  him  for  the  purpose   by  and  in    conformity  with  the   said 
substitutes. 

(5)  To  brand  or  mark  with  the  letter  T  and  the  current  year, 
such  weights,  measures,  balances,  and  other  apparatus,  as,  upon 
trial  or  adjustment  shall  be  found  correct. 

(6)  To  prove  patent  balances,  steelyards,  platform  scales,  and 
other  balances   having  poise,   with  correct  weights   up  to  five 
hundred  pounds. 

(7)  To  advertise  each  year,  at  the  courthouse  door,  where  he 
may  be  found  with  his  apparatus  for  proving  and  sealing. 

(8)  On  vacating  his  office,  to  deliver  to  his  successor,  or  to  the 
presiding  officer  of  the  county  court,  or  chief  officer  of  the  city  or 
town,  as  the  case  may  be,  all  the  standards  and  apparatus  of  his 
office. 

sec.  580  On  the  death  of  a  standard  keeper  and  sealer,  his  personal 

representative,  or  other  person  into  whose  hands  the  standards 


Tennessee 


463 


and  apparatus  of  his  office  may  come,  shall  deliver  the  same  to 
his  successor,  or  to  the  presiding  officer  of  the  county  court,  or 
chief  magistrate  of  the  city  or  town. 

No  person,  except  the  standard  keeper  and  sealer,  shall  use  a   see.  ssi 
seal,  brand  or  mark,  such  as  is  above  directed,  for  marking  and 
sealing. 

No  apparatus  used  for  weighing  shall  be  sealed  which  shall  not   sec.  582 

.    *      c  *•  .,  .....  £         r-i        £  j   •  1          j       j  Apparatus  when  not 

weigh  accurately  within  one-fourth  of  a  pound  in  one  hundred,      sealed.  Limits  of  error 
The  following  shall  be  the  legal  and  uniform  standard  of  weights   Code-  **><>•  PP-  794- 
and  measures  in  this  state  for  the  sale  and  purchase  of  the  follow-  dssr) 

ing  named  products  of  the  farm,  orchard,  and  garden,  and  articles    Tablet  weights  and 
of  merchandise,  to  wit : 1 

Apples,  green bush,  per  bbl.  .  2$ 

Do Ibs.  per  bush .  .  50 

Apples,  dried do. ...  24 

Apple  seed do ....  40 

Barley do ....  48 

Beans,  dried do ....  60 

Beans,  green,  in  pods do. ...  30 

Do bush,  per  bbl .  .  z], 

Beans,  castor Ibs.  per  bush. .  46 

Beef,  net Ibs.  per  bbl.  .  200 

Beets Ibs.  per  bush . .  50 

Blackberries do. ...  48 

Blackberries,  dried do. ...  28 

Blue  grass  seed do ....  14 

Bran do. ...  20 

Broom  corn  seed do ....  42 

Buckwheat do ....  50 

Cabbage do. ...  50 

Canary  seed do.  ...  60 

Carrots do. ...  50 

Cement do ....  80 

Charcoal do. ...  22 

Cherries,  with  stems do. ...  56 

Cherries,  without  stems do. ...  64 

Chestnuts do ....  50 

Clover  seed,  red  and  white,  .do. ...  60 

Coal,  stone do. ...  80 

Coke do ....  40 

Corn,  shelled do. ...  56 

Corn,  in  the  ear,  shucked.  .  .do.  ...  70 

Corn,  in  ear,  with  shucks. . .  .do. . .  .  74 

Corn,  green,  with  shucks.  . .  .do.  .  .  .  100 

Do bush,  per  bbl. .  2], 

Corn,  matured,  with  shucks .  do . ...  5 

Corn,  pop Ibs.  per  bush . .  70 

Cornmeal,  unbolted do.  ...  48 

Cornmeal,  bolted do.  ...  50 

Cotton  seed do ....  28 

Cucumbers do ....  48 

Fish Ibs.  per  bbl . .  200 

Flax  seed Ibs.  per  bush . .  56 

Flour Ibs.  per  bbl. .  196 

Gooseberries Ibs.  per  bush . .  48 

Grapes,  with  stems do. ...  48 


Grapes,  without  stems,  pounds  per 
bushel 

Hair,  plastering do .... 

Hemp  seed do. . . . 

Hickory  nuts do. . . . 

Hominy do .... 

Horse  radish do. . . . 

Hungarian  seed do .... 

Land  plaster do .... 

Lime,  unslacked do .... 

Lime,  slacked do. ... 

Liquids gals,  per  bbl . . 

Melon,  cantaloupe . .  Ibs.  per  bush . . 

Melon,  cantaloupe .  bush,  per  bbl . . 

Millet,  German,  seed,  pounds  per 
bushel 

Millet,  Missouri. . .  .Ibs.  per  bush. . 

Millet,  Tennessee do 

Oats  seed do 

Onions,  button  sets do .... 

Onions,  matured do .... 

Onions,  top  buttons do. ... 

Orchard  grass  seed do .... 

Osage  orange  seed do.  . . . 

Parsnips do. . . . 

Peaches,  matured do .... 

Peaches,  dried do .... 

Pears,  matured do 

Pears,  dry do 

Peanuts do 

Peas,  dry do 

Peas,  green,  in  hull do 

Peas,  green,  in  hull,  bushels  per 
barrel 

Pieplant Ibs.  per  bush. . 

Plums do .... 

Pork,  net Ibs.  per  bbl. . 

Potatoes,  Irish Ibs.  per  bush. . 

Potatoes,  Irish bush,  per  bbl. . 

Potatoes,  sweet do .... 

Potatoes,  sweet. . .  .Ibs.  per  bush. . 

Quinces,  matured do. . . . 

Raspberries do .... 

Redtop  seed .do .... 


Legal  weights  of  bar- 
,  rels  or  bushels  of  va- 
00  rious  products 

44 

5° 
62 

5° 
48 
100 
80 
40 
42 
5° 


5° 
5° 
5° 
32 
32 
56 
28 
14 
33 
So 
5° 
26 


23 
60 

3° 


5° 
64 


*Y* 

5° 
48 
48 
14 


Legal  weights  per 
barrel  or  bushel  of  va- 
rious products 


1  For  convenience  in  printing,  a  slight  change  has  been  made  in  arrangement  of  these  articles. 


464  Laws  Concerning  Weights  and  Measures 


Rye  seed Ibs.  per  bush. .  56 

Rye  grass  (Italian)  seed do ....  20 

Sage do 4 

Salads,  turnips,  kale do. ...  30 

Salads,  mustard,  spinach .  .  .do. . .  .  30 


Strawberries Ibs.  per  bush . .  48 

Timothy  seed do 45 

Tomatoes do ....  56 

Turnips bush,  per  bbl . .  2% 

Turnips Ibs.  per  bush . .  50 


Velvet  grass  seed do ....       7 

Walnuts do. ...     50 

Wheat..  ..do..         60 


Salt do 50 

Sorghum  molasses. .  .Ibs.  per  gal. .     12 
Sorghum  seed Ibs.  per  bush. .     50 

A  barrel,  dry  measure,  is  by  law  fixed  at  five  bushels;  and  proof  of  a  different  custom  in  the  neighbor- 
hod  cannot  alter  the  law.    4  Hum.,  106. 

sec.34(7J6W)  It  shall  be  unlawful  to  buy  or  sell  any  of  the  products  of  the 

violation  a  misde-far       orchard,  or  garden,  or  articles  of  merchandise,  mentioned 

nictu  lor ,  penally  ^  ^  •    1  1  1  -t          <• 

section  3475,  except  in  strict  accordance  with  the  standard  of 
weights  and  measures  provided  therein;  and  it  shall  be  unlawful 
to  dock  any  of  the  articles  mentioned  in  said  section,  delivered  in 
good  condition  and  marketable  form,  on  account  of  keg  or  barrel, 
without  allowing  value  of  same.  Any  person  violating  this 
section,  or  any  part  thereof,  shall  be  guilty  of  a  misdemeanor, 
and  shall  be  fined  not  less  than  five  dollars  nor  more  than  fifty 
dollars  for  each  offense. 

Sec.  a^1?57"^  Every  person  keeping  any  store,  grocery,  warehouse,  merchant 

PrVvpeadraandS sealed m^>  commission  house,  railroad  depot,  or  any  scales  or  apparatus 
yearly  for  weighing  or  measuring  for  the  public,  shall,  once  in  each  year, 

have  the  weights,  measures,  and  other  apparatus  used  by  him 
proved  and  sealed. 

r  neglect  F°r  every  neglect  to  comply  with  this  provision,  the  delinquent 
shall  be  liable  to  a  penalty  of  five  dollars,  to  be  recovered  before 
a  justice  of  the  peace,  one-half  to  the  use  of  the  town  or  county, 
the  other  half  to  the  person  who  sues  therefor. 

apparatus      Every  person  not  enumerated  in  section  3477,  who  shall  use 
prohibited  weights,  measures,  or  other  apparatus  in  buying  or  selling  which 

have  not  been  once  sealed  as  required  by  law,  shall  be  subject 
to  a  penalty  of  one  dollar  and  costs,  recoverable  as  above, 
and     ^  an7  person  use  such  weights,  measures,  and  apparatus  which 
costs  have  not  been  sealed  according  to  law,  or  which  have  been  altered 

after  being  sealed,  whereby  any  person  shall  be  defrauded,  he 
shall  be  subject  to  an  action  at  law,  in  which  the  person  defrauded 
shall  recover  three  times  the  amount  of  damages  and  costs, 
chains        Every  surveyor  shall  have  the  chains  or  other  measures  used 

by  him  in  conformity  with  the  standard. 

legal-     ^  snau  ^e  lawful  throughout  the  United  States  of  America  to 
ed  employ  the  weights  and  measures  of  the  metric  system,  and  no 

contract  or  dealing  or  pleading  in  any  court  shall  be  deemed 
invalid  or  liable  to  objection  because  the,  weights  or  measures 
expressed  or  referred  to  therein  are  weights  or  measures  of  the 
metric  system. 

fabiefof  weights  and     The  tables  in  the  schedule  hereto  annexed  shall  be  recognized 
easures  in  tjie  construction  of  contracts,  and  in  all  legal  proceedings,  as 


Tennessee  465 

establishing,  in  terms  of  the  weights  and  measures  now  in  use  in 
the  United  States,  the  equivalent  of  the  weights  and  measures 
expressed  therein  in  terms  of  the  metric  system;  and  said  tables 
may  be  lawfully  used  for  computing,  determining,  and  expressing, 
in  customary  weights  and  measures,  the  weights  and  measures  of 
the  metric  system.1 

The  secretary  of  the  treasury  shall  furnish  each  state,  to  be   M^fVystem  iur- 
delivered  to  the  governor  thereof,  one  set  of  the  standard  weights  ntehed  states 
and  measures  of  the  metric  system  for  the  use  of  the  states  respec- 
tively.    (Act  of  Congress,  July  27,  1866,  sec.  i;  14  Stat.,  369; 
2  Bright,  553.) 

The  sealer  of  weights  and  measures  is  entitled  to  demand  and  ^^^  ^j^' 3>  title 
receive,  for  sealing,  fifteen  cents.  lchediiie°of  fees 

The  fees  of  a  standard  keeper  and  sealer  of  weights  and  meas- 
ures shall  be  as  follows : 

1.  For  proving  and  sealing  each  balance  beam,   patent  balance,   platform 

scales,  steelyards,  or  other  weighing  apparatus,  requiring  less    han  one 
hundred  pounds  to  test $o.  10 

2.  For  such  as  require  from  one  hundred  to  five  hundred  pounds  to  test 25 

3.  For  such  as  require  five  hundred  pounds  or  more  to  test 50 

4.  For  proving  and  sealing  each  yard  measure 05 

5.  For  proving  and  sealing  each  capacity  measure  of  less  than  one  gallon 05 

6.  Of  one  gallon  or  more 10 

7.  For  proving  or  sealing  each  weight  or  poise  of  less  than  ten  pounds 05 

8.  Of  ten  pounds  or  more 10 

He  may  also  charge  a  reasonable  compensation  for  labor  and   t^^Mbie  compen- 
materials    employed   in   making   or   attempting   to    make   such  Rights  'and  measure! 
weights,  measures,  or  balances  as  are  not  correct,  conform  to 
the  standards;  and  he  may  retain  such  weights  and  measures  as 
are  brought  to  him  for  adjustment  until  his  fees  are  paid. 

He  shall  also  have  a  reasonable  compensation  for  leaving  his   ^  64(2^o) 
office  to  prove,  seal,  or  adjust  weights  or  measures  not  brought   Leaving  office 
there  for  that  purpose,  said  compensation  to  be  fixed  by  the 
quarterly  court  of  each  county. 

The  county  court  may  appropriate  moneys  as  follows :     *    *     *    Code  ^7)pt  3  ti1Je 

(14)  For  weights  and  measures.  7.  ch.  3'.  P.  1491 

T  p  •   «      •  ir  •        1    •  •  Sec.  6045 

If  any  person,  with  intent  to  defraud,  have  in  his  possession,  or   Appropriation 
use,  any  false  balance,  weight  or  measure  in  any  business,  trade,  or   code,  a&k.  4,  title 
transaction,  it  shall  be  a  misdemeanor.  ''s^.6^™*643 

The  magistrate  granting  the  warrant  of  arrest  for  the  offense v™ 
described  in  the  last  section,  shall  also  direct  the  seizure  of  the  false   sec.  673s 
weights,  balances,  or  measures;   and  if  they  are  found  to  be  false, 
they  shall  be  forfeited  to  the  county,  and,  after  being  made  of  the 

'Here  followed  the  tables  of  the  metric1  system  with  the  equivalents  in  denominations  in  use  at 
present.    See  United  States  laws,  pp.  3  and  4. 

8578°— 12 30 


466  Laws  Concerning  Weights  and  Measures 

standard  weight  or  measure,  may  be  sold  and  the  money  paid  to  the 
county  treasury. 

code,  1896.  ch.  io,  p.     Every  packer  of  flour  or  kiln-dried  meal  shall  put  into  a  barrel 

779       (1801)          the  full  quantity  of  one  hundred  and  ninety-six  pounds  of  flour, 

cTnto3nts  of  flour  bar- and  into  every  half  barrel  the  full  quantity  of  ninety-eight  pounds 

of  flour. 

code.  1896,  ch.  ii,  p.     The  proprietor 1  will  keep  good  and  sufficient  scales  for  weighing 

(1870-1)          tobacco,  which  shall  be  tested  at  the  beginning  of  each  tobacco 

Tobacco8 scales,  and  year,  and  every  three  months  thereafter,  by  the  keeper  and  sealer 

of  weights  for  the  county,  and  at  the  time  when  written  application 

is  made  by  two  or  more  planters  or  burghers. 

code,  fc^ch.  la,  p.     Millers  shall  keep  in  their  mills  the  following  sealed  measures: 
79^  One  half  bushel,  one  peck,  and  proper  toll  dishes  for  each  measure. 

Measures  Every  owner  keeping  a  mill,  either  by  himself,  servant,  or  lessee, 

Faise4toii  dishes  who  shall  be  convicted  of  keeping  false  toll  dishes,  shall  forfeit  and 
pay  to  the  party  injured  ten  dollars,  to  be  recovered  before  any  jus- 
tice of  the  peace  in  the  county. 

code,  1896,  ch.  14,  p.     Any  person  selling  salt  or  sugar  by  the  barrel,  sack,  or  bag, 

(1839-40)         purporting  by  the  marks  or  brands  to  contain  a  certain  number  of 

Iaua4nd  sugar,  seii- pounds  or  bushels,  when  in  fact  the  quantity  falls  short  of   the 

tag  by  mark!  amount  designated,   shall  forfeit  ten  cents  for  each  and  every 

pound  or  deficiency,  to  any  person  who  will  sue  therefor;    but 

nothing  in  this  section  shall  be  construed  to  prevent  the  sale  of  salt 

or  sugar  by  the  mark  or  brand,  if  the  purchaser  is  willing  to  buy  by 

such  mark  or  brand. 

(its?)  At  every  coal  or  other  mine  in  this  state,  where  coal  or  other 

Code,  1896,  art.  3,  pp.        .  J  .  .  . 

194-195  minerals  are  mined  by  weight  or  measure,  the  miners,  or  a  majority 

Duties9  oi  check-  of  those  present  at  a  meeting  called  for  that  purpose,  shall  have  the 
right  to  employ  a  competent  person  as  check  weighman  or  check 
measurer,  as  the  case  may  require,  who  shall  be  permitted  at  all 
times  to  be  present  at  the  weighing  or  measuring  of  coal,  also  have 
power  to  weigh  or  measure  the  same,  and,  during  the  regular  work- 
ing hours,  to  have  the  privilege  to  balance  and  examine  the  scales  or 
measure  the  cars;  Provided,  That  all  such  balancing  or  examina- 
tion of  scales  shall  only  be  done  in  such  way  and  in  such  time  as  in 
no  way  to  interfere  with  the  regular  working  of  the  mines;  and  he 
shall  not  be  considered  a  trespasser  during  working  hours  while 
attending  to  the  interest  of  his  employers,  and  in  no  manner  shall 
he  be  interfered  with  or  intimidated  by  any  person,  agent,  owner, 
or  miner;  and  any  person  violating  these  provisions  shall  be  held 
and  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof, 
he  shall  be  punished  by  a  fine  of  not  less  than  twenty  dollars  and 
not  exceeding  one  hundred  dollars  or  imprisoned,  at  the  discretion 
of  the  court. 

1  Of  tobacco  warehouses. 


Tennessee  467 

It  shall  be  a  further  duty  of  check  weighman  or  check  measurer  f^her  duties;  d«- 
to  credit  each  miner  with  all  merchantable  coal  or  other  mineral  fences,  how  settled 
mined  by  him,  on  a  proper  sheet  or  book  kept  by  him  for  that 
purpose.  When  differences  arise  between  the  check  weighman  or 
check  measurer  and  the  agent  or  owners  of  the  mine,  as  to  the 
uniformity,  capacity  of  scales  or  cars  used,  the  same  shall  be 
referred  to  the  mine  inspector  of  the  district  where  the  mine  is 
located,  whose  duty  it  shall  be  to  regulate  the  same  at  once;  and, 
in  the  event  of  said  scales  or  cars  proving  to  be  correct,  then  the 
party  or  parties  applying  for  the  testing  thereof  to  pay  or  bear  all 
costs  and  expenses  thereof,  but,  if  not  correct,  then  the  owner  or 
owners  of  said  mine  to  pay  the  cost  and  charges  of  making  said 
examination. 

[It  is  no  interference  or  intimidation  for  the  mine  owner  to  threaten  to  close  down 
his  mine  unless  the  miners  discharge  their  check  weighman.     6  Pickle,  580.] 

Should   any   weighman,   agent,   or   check   measurer,    whether   f^ify1  for  inc0rrect 
employed  by  operators  or  miners,  knowingly  or  wilfully  adopt weiglling  or  measuring 
or  take  more  or  less  pounds  for  a  bushel  or  ton  than  is  now  pro- 
vided for  by  law,  or  wilfully  neglect  the  balancing  or  examining 
of  the  scales  or  cars,  or  knowingly  and  wilfully  weigh  coal  with 
an  incorrect  scale,  he  shall  be  guilty  of  a  misdemeanor,  and,  upon 
conviction  thereof,  shall  be  imprisoned  in  the  county  jail  for  not 
less  than  three  months. 

[Weighman  employed  by  the  mine  owner  is  subject  to  the  penalty,  at  least  when 
the  miners  do  not  all  expressly  agree  to  the  incorrect  method  of  weights.     6  Pickle,  575.] 

All  casks  intended  for  the  purpose  of  containing  butter  or  lard  77£ ode>  l896- ch-  9-  p- 
for  exportation  shall  be  made  of  well  seasoned  timber,  the  staves   g^    (7<*or) 
not  less  than  half  an  inch  thick,  and  the  heads  not  less  than  three-    casks3,7spedficationa 
quarters  of  an  inch  thick  when  wrought,  the  heading  well  dow- 
died,  the  cask  to  have  twelve  good  and  substantial  hoops,  securely 
nailed  or  pinned,  and  to  be  perfectly  tight,  and  capable  of  hold- 
ing said  articles  in  a  liquid  state. 

Each  barrel  shall  contain  not  more  than  thirty  gallons,  and    |ec-  W2  . 

1     1      IP  1  -i    rfA  11  Barrel  and  half  bar- 

each  half  barrel  fifteen  gallons.  «i 

Casks  intended  to  contain  flour  or  meal  for  exportation  shall  be   Sec  <^«H^») 
made  of  good  seasoned  materials,  tightened  with  ten  hoops,  suf-    F1°«r  barrel>  how  to 
ficiently  nailed  with  four  nails  in  each  chime  hoop,  and  three 
nails  in  each  bilge  hoop,  and  shall  be  of  the  following  dimensions: 
the  staves  of  the  barrel  shall  be  twenty-seven  inches  long,  and  the 
heads  seventeen  inches  in  diameter;  and  the  half  barrel  shall  be 
one  half  the  capacity. of  the  barrel. 

It  shall  be  a  misdemeanor:  code.  1896,  p.  1644 

For  any  person  with  intent  to  defraud,  falsely  to  alter  any   Mtedemeanor  to  alter 
stamp,  brand,  or  mark  on  any  cask,  package,  box,  or  bale  con-br 
taining  merchandise  or  produce,  made  by  a  public  officer  ap- 


468  Laws  Concerning  Weights  and  Measures 

pointed  for  that  purpose,  in  order  to  denote  the  quality,  weight, 

or  quantity  of  the  contents  thereof. 

sec  6(7I*o5<H5o)  t^ie  owner  or  superintendent  of  cotton  gin  or  tobacco  estab- 

pecnaity°for  conceal-  Hshments  of  any  kind  in  Tennessee,  shall  place  any  wood,  iron, 

ing  iron,  stone,  etc.,  in.,.,.,  •;.,  1  .,  -LIT  -L-IJ 

bales  of  cotton  or  pack- rocks,  dirt,  or  other  substance,  into  any  bale  or  cotton,  hogshead 
ages  of  tobacco  Qr  package  of  tobacco,  when  packed  or  baled,  for  the  purpose  of 

adding  to  the  weight  thereof,  or  shall  cause  the  same  to  be  done 
by  others,  such  person  or  persons  so  offending  shall  be  deemed 
guilty  of  a  felony,  and  subject  to  indictment  as  in  other  cases 
of  felony,  and,  upon  conviction  thereof,  shall  suffer  imprison- 
ment in  the  penitentiary  of  the  state,  for  a  period  not  less  than 
two  nor  more  than  five  years,  and  shall  also  pay  a  fine  of  five 
hundred  dollars,  to  be  paid  into  the  treasury  of  the  state. 
(1889)  it  shall  be  unlawful  for  any  person,  commission  merchant, 

Supp.  Code.  1903,  p.          -  ,  .  *  ' 

566  miller,  dealer,  grain  inspector,  corporation,  company,  firm,  or 

ttandard  haii-bushei  association,  either  by  himself,  itself,  officer,  agent,  or  employee, 
when  purchasing  wheat  from  the  owner,  his  agent  or  employee, 
to  use  for  the  purpose  of  testing  or  determining  the  weight,  grade, 
milling,  or  market  value  of  wheat,  any  measure  other  than  the 
standard  half  bushel  measure  furnished  this  state  by  the  United 
States;  and  the  use  of  any  fractional  part  of  said  standard  half 
bushel  measure  for  such  purpose  will  be  a  violation  of  this  section. 
Leveling  stick  ^  shall  be  unlawful  to  use  anything  other  than  a  straight  stick, 

with  the  edges  square,  for  leveling  the  wheat  in  said  half  bushel 
measure  for  the  purpose  of  testing  the  weight,  grade,  milling,  or 
market  value  of  wheat. 

Any  person  violating  the  provisions  of  this  act  shall  be  guilty 
of  a  misdemeanpr,  and  on  conviction  shall  be  fined  not  less  than 
ten  dollars  nor  more  than  fifty  dollars  for  each  offense. 

Acts.^1909,  ch.  548         That  it  shall  be  unlawful  for  any  merchant  or  manufacturer  or 

weight   false lyany  person  to  sell  within  this  State  any  package  or  quantity  of 

any  commodity  marked  to  contain  or  represented  to  contain  a 

certain  number  of  pounds  or  ounces  or  fractions  thereof  when, 

as  a  matter  of  fact,  it  contains  a  less  quantity. 

sec.  a  That    every  violation    of   section    i,  where   the   shortage   in 

Tolerance  .    ,        .  *         -  -     '  1      j 

weight  is  as  much  as  one  per  cent  of  the  marked  or  represented 
weight,  is  declared  to  be  and  shall  be  a  misdemeanor,  and  shall 
penalty  for  violation  foe  punished  by  fine  of  not  less  than  ten  dollars  nor  more  than 
five  hundred  dollars  or  by  imprisonment  in  the  county  workhouse 
for  not  more  than  six  months  or  by  both  in  the  discretion  of  the 
court. 

igcode,  tgga,  vol.  i,  ch.     The  county  court  of  any  county  in  the  state  (a  majority  of 

n\iM3)          its  members  favoring  the  same)  may,  on  the  first  Monday  of  July 

Tobacco  and  cotton  of  every  year,  elect  cotton  and  tobacco  weighers  for  such  county, 

weighers;    manner    ot^fo^  duty  it  ^^  be  tQ  wdgh  ^  cotton  an(J  tobaCCO  that  par- 


Tennessee 


469 


Sec.  3486 
Equipment 


Sec.  3487 
Exact  weights 


violation 


ties  may  agree  to  have  weighed  by  him.  The  said  election  shall 
be  by  ballot,  and  the  party  getting  the  highest  number  (pro- 
vided it  be  a  majority  of  the  votes  cast)  ,  shall  be  declared  elected. 

Before  entering  upon  the  duties  of  his  office,  said  cotton  and 
tobacco  weigher  shall  provide  himself  with  balances  or  scales, 
duly  tested  according  to  the  laws  of  Tennessee,  and  shall  take  an 
oath  faithfully  and  impartially  to  discharge  the  duties  of  said 
office,  and  shall  give  bond  in  such  penalty  as  the  court  may  pre- 
scribe, conditioned  as  set  forth  in  said  affidavit,  and  said  officer 
shall  hold  his  office  twelve  months  or  until  his  successor  is  elected 
and  qualified. 

It  shall  be  the  duty  of  said  cotton  and  tobacco  weighers  to 
give  and  declare  exact  and  just  weights,  regardless  of  the  condi- 
tion of  the  cotton  and  tobacco. 

Any  cotton  weigher  elected  according  to  the  provisions  of  this 
chapter,  who  shall  give  or  ^declare  any  unjust  weights,  or  who 
shall  wilfully  violate  the  previous  sections  of  this  chapter,  shall 
be  guilty  of  a  felony,  and,  upon  conviction  of  the  same,  shall  be 
confined  in  the  state  penitentiary  not  less  than  one  nor  more 
than  three  years. 

The  court  may  prescribe  the  compensation  for  said  cotton  and 
tobacco  weigher,  which  shall  not  be  over  ten  cents  a  bale,  and 
twenty-five  cents  a  hogshead,  to  be  paid  by  the  party  selling  the 
cotton  and  tobacco. 

It  shall  be  unlawful  for  any  purchaser  or  weigher  of  cotton  to 
deduct  two  pounds,  or  any  number  of  pounds,  known  as  "  scalage  " 
from  the  actual  weight  of  any  merchantable  bale  of  cotton  weighed 
or  purchased  by  them;  and  purchasers  shall  account  to  the  seller 
of  cotton,  in  all  instances,  for  the  actual  weight  of  the  bale  pur- 
chased or  weighed,  except  in  cases  of  wet  or  damaged  cotton,  or 
any  number  of  pounds  for  bagging  and  ties,  when  the  amount 
to  be  deducted  shall  be  agreed  upon  by  the  parties  buying  and 
selling;  but  the  number  of  pounds  agreed  upon  to  be  deducted 
for  bagging  and  ties  shall  not  exceed  their  actual  weight.  For 
each  violation  of  this  section  the  offender  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  upon  conviction  by  a  court  of  competent 
jurisdiction,  he  shall  be  fined  not  less  than  ten  nor  more  than 
twenty  dollars. 

That  every  lot  or  parcel  of  concentrated  commercial  feeding 
stuff  sold,  offered,  or  exposed  for  sale  within  this  State  shall 
have  affixed  thereto  or  printed  thereon  in  a  conspicuous  place9F  ceding    stuffs, 
on  the  outside  thereof  a  legible  and  plainly  printed  statement,  weight  to  be  marked 
in  the  English  language,  clearly  and  truly  certifying  the  weight 
of   the   package    (provided,    that    all   concentrated   commercial 
feeding  stuffs  shall  be  in  standard  weight  bags  or  packages  of 


(iSiy,  1890) 
Sec.  3489 
Compensation 


Sec.  3490 

Scalage  of  cotton  pro- 
hibited 


1909,    ch.    434, 


470 


Laws  Concerning  Weights  and  Measures 


Sec.  a 

Term  defined 


Sec.  15 
Penalty 


5,  8>^,  10,  25,  50,  75,  100,  125,  150,  175,  or  200  pounds);  the 
name,  brand,  or  trade-mark  under  which  the  article  is  sold;  the 
name  and  address  of  the  manufacturer,  jobber,  or  im- 
porter; *  *  *  . 

That  the  term  "concentrated  commercial  feeding  stuffs"  shall 
be  held  to  include  all  feeds  used  for  live  stock  and  poultry,  except 
whole  hays,  straws,  and  cornstover,  when  the  same  are  not  mixed 
with  other  materials;  nor  shall  it  apply  to  the  unmixed  whole 
seeds  or  grains  of  cereals,  when  not  mixed  with  other  materials. 

That  any  manufacturer,  importer,  jobber,  agent,  or  dealer  who 
shall  violate  any  of  the  provisions  of  this  Act  or  the  regulations 
adopted  by  the  Commissioner  of  Agriculture,  upon  conviction 
thereof,  shall  be  fined  not  exceeding  fifty  dollars  for  the  first 
offense  nor  more  than  two  hundred  dollars  for  each  subsequent 
offense,  and  the  proceeds  from  such  fines  shall  be  covered  into  the 
State  treasury  for  use  of  the  department  executing  the  provisions 
of  this  Act. 


TEXAS 

The  standard  of  weights  and  measures  adopted  and  used  by  the  T  Revi-  s*at-  l8gs. 
government  of  the  United  States  is  hereby  declared  the  only  legal  (*W) 

standard  of  weights  and  measures  in  this  state.  Legkiitandard 


The  following  shall  be  the  legal  number  of  pounds  per  bushel:1 

Art.  5323  as  amended 


Wheat  ............................  60 

Corn,  shelled  ......................  56 

Corn  in  the  ear,  shucked  ..........  70 

Corn,  unshucked,  in  the  ear  .........  72 

Oats  .............................  32 

Barley  ............................  48 

Rye  ...............................  56 

Buckwheat  .......................  42 

White  beans  ......................  60 

Irish  potatoes  ....................  60 

Sweet  potatoes  ....................  55 

Onions  ............................  57 

Turnips  ..........................  55 

Dried  apples  .......................  28 

Dried  peaches  ......  q  .............  28 


1901 
Pounds.  Pounds.     Weight  per  bushel 


Bran 20 

Hungarian  grass  seed 48 

Hemp  seed 44 

Flax  seed 56 

Stone  coal 80 

Charcoal 22 

Salt 50 

Clover  seed 60 

Timothy  seed 45 

Cotton  seed 32 

Millet  seed 50 

Peaches 50 

Tomatoes 55 

Apples 45 


The  governor,  shall  procure,  if  necessary,  at  the  expense  of  the    Art  S3(2^j5) 
state,  a  set  of  weights  and  measures  in  conformity  with  the  stand-  sta^vaer™sor  to 
ard  used  by  the  government  of  the  United  States,  and  cause  the 
same  to  be  deposited  with  the  treasurer  of  the  state,  by  him  to  be 
safely  kept. 

The  governor  is  authorized  to  cause  correct  copies  of  such   ^rt.  ^^  co  ieg  to 
weights  and  measures  to  be  made  under  such  appropriate  seal  as  counties 
he  may  adopt,  and  to  deliver  or  cause  to  be  delivered,  after  the 
inspection  and  approval  of  some  competent  person  by  him  ap- 
pointed for  that  purpose,  a  full  set  of  such  weights  and  measures  to 
the  county  judges  of  the  several  counties,  on  their  application,  and 
at  the  cost  and  expense  of  their  respective  counties. 

The  commissioner  of  agriculture,  insurance,  statistics  and  his-   Art  53£889) 
tory  is  hereby  authorized  to  sell  sets  or  parts  of  sets  of  standard  t^^SfSS^f  **' 
weights  and  measures,  heretofore  manufactured  in  accordance 
with  articles  5323  and  5325  of  the  Revised  Statutes,  at  the  present 
cost  of  manufacturing. 

When  such  copies  have  been  made  it  shall  be  the  duty  of  the   ££^g£  to  pay  {or 
several  commissioners'  courts  to  appropriate  a  sufficient  amount  same 
of  money  to  enable  the  county  judges  of  the  respective  counties 

1  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  these  articles. 

471 


472  Laws  Concerning  Weights  and  Measures 

to  pay  for  and  procure  a  full  set  thereof  for  the  use  of  their  counties, 
weWand  means'  and  said  county  judges  shall  take  charge  of  and  keep  the  same. 

Art    a?*0  The  commissioners'  courts  of  the  several  counties  are  authorized 

License  to  make  and  an(j  directed  to  grant  a  license  to  such  suitable  person  or  persons 
as  they  may  think  proper  to  make  and  vend  weights  and  measures 
agreeing  with  the  standard  furnished  by  the  governor,  under  such 
rules  and  regulations  as  they  may  think  proper  to  prescribe;  pro- 
vided, however,  that  no  such  weights  and  measures  shall  be  sold 
or  distributed  unless  the  same  have  been  first  examined  and 
approved  by  the  commissioners'  courts,  or  some  competent  person 
under  their  direction  and  approval. 

Art.  5329* J<?)  Any  person  desirous  of  having  his  weights  and  measures  tested 

Cresting  and  stamp- may  have  the  same  done  by  applying  to  the  county  judge,  who, 
if  he  finds  them  correct,  shall  seal  them  with  a  seal  to  be  provided 
by  the  commissioners'  court  for  that  purpose,  on  which  shall  be 
the  capital  letter  "T"  and  also  the  letter  with  which  the  name  of 
the  county  begins. 

Fatise°weights  and     Any  person  who  shall  sell  by  any  weight,  balance  or  measure 
measures  ftiat  does  not  correspond  to  and  agree  with  such  copies,  or  who 

shall  keep  the  same  for  the  purpose  of  buying  or  selling  thereby, 
shall  forfeit  and  pay  the  sum  of  ien  dollars  for  every  month  he 
may  continue  to  keep  the  same,  one-half  of  which  shall  go  to  the 
county  in  which  such  offence  shall  have  been  committed,  and  the 
other  to  the  county  judge,  and  it  shall  be  his  duty  to  sue  for  the 
penalty  incurred  by  the  commission  of  every  such  offence  before 
some  court  of  competent  jurisdiction. 

Private3infonner  may     If  the  county  judge  shall  fail  to  sue  for  any  such  penalty  within 
recover,  when  three  months  after  the  same  shall  have  been  incurred,  any  other 

person  may  sue  therefor  and  recover  one-half  thereof  for  his  own 
use  and  the  other  half  for  the  use  of  the  county. 

merely  Nothing  in  the  two  preceding  articles  contained  shall  be  con- 
strued  to  affect  any  provision  of  the  Penal  Code  relating  to  the 
use  of  false  weights  and  measures,  nor  shall  a  recovery  of  any 
forfeiture  by  civil  action  relieve  an  offender  from  criminal  prosecu- 
tion or  an  action  for  damages  resulting  therefrom. 

^7aws>  I9°5' ch      Mil1  products  hereinafter  mentioned  shall  have  the  following 
weight  ofstan(*ard  weights,  viz:  Flour,  one  hundred  and  ninety-six  pounds 
flour, etc.  per  barrel,  or  forty-eight  pounds  per  sack;  corn  meal,  bolted  or 

unbolted,  thirty-five  pounds  per  sack,  and  feed  made  from  cereals 
of  any  kind,  whether  pure,  mixed  or  adulterated,  one  hundred 
pounds  per  sack.  Fractional  barrels  and  sacks  shall  weigh  in 
the  same  proportion,  and  these  weights  shall  be  net  and  exclusive 
of  the  barrel  or  sack  in  which  such  product  is  packed. 

IrS'2  weight  to  be  The  correct  name  and  the  true  net  weight  of  the  contents  of 
each  and  every  hogshead,  barrel,  box,  cask,  bale,  sack  or  package 


Texas 


473 


of  any  of  the  foregoing  products,  whether  sold  in  single  packages 
or  lots,  shall  be  plainly  marked,  branded  or  stenciled  in  large, 
legible  letters  and  figures,  not  less  than  two  inches  in  size,  upon 
the  exterior  of  such  hogshead,  barrel,  box,  cask,  bale,  sack  or 
package  in  a  conspicuous  place,  as  the  head  in  case  of  hogsheads 
or  barrels,  and  the  front  or  branded  side  in  case  of  sacks,  bales  or 
packages;  and  it  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration, or  the  agent,  employe  or  representative  of  any  person, 
firm  or  corporation  to  sell  or  exchange  or  offer  for  sale  or  exchange  S^Hf48  not  to  be 

/.  ,       ,  ,     .         *  ..,    ...  .    .    &     sold  without  stamp 

any  of  such  products  so  packed  or  contained  until  the  provisions 
hereof  have  been  complied  with. 

If  any  person  shall  knowingly  violate  the  provisions  of  this  Act,    f^lty  for  violation 
he  shall  be  deemed  guilty  of  a  misdemeanor  and  on  conviction 
thereof  shall  be  fined  in  any  sum  not  less  than  twenty-five  dollars 
nor  more  than  one  thousand  dollars,  and  each  transaction  shall  be 
deemed  a  separate  offense. 

To  regulate  the  inspection  of  beef,  pork,  flour,  meal,  salt  and  i4£J£si95Civ'    stat" 
other  provisions,  whiskey,  and  other  liquors  to  be  sold  in  barrels,    Art  4^87s) 
hogsheads,  and  other  vessels  and  packages;  to  appoint  weighers,    Powers  of  the  coun- 

,.  ,  '1  i      •        1       »  *•"•    May  regulate  in- 

gaugers  and  inspectors,  and  prescribe  their  duties  and  regulate  spection,  etc.,  of  pro- 
TV    •     f  visions 

their  fees. 

To  regulate  the  weight  and  quality  of  the  bread  to  be  sold  or  used   Ma/^reguiate    the 
within  the  city.  Jgg*  «* 

The  Governor  is  hereby  authorized  and  required  to  appoint  st^ppI9^ 
five  persons  as  public  weighers  in  every  city  which  receives  annually  463 
one  hundred  thousand  bales  of  cotton  on  sale  or  for  shipment.  In  sec.  4308  " 
all  of  the  counties  in  this  state  in  which  there  are  no  city  or  cities  e  iAec°t  iTn*  oV  public 
in  which  the  governor  is  authorized  to  appoint  public  weighers, welehers 
the  commissioners'  court  of  said  county,  when  presented  with  a 
petition  signed  by  a  majority  of  the  qualified  voters  of  any  justice 
precinct  in  their  county,  praying  for  the  appointment  or  election 
of  public  weighers  for  said  precinct,  shall  appoint  or  order  to  be 
elected  at  the  next  general  election  one  or  more  suitable  persons 
for  public  weighers  for  said  justice  precinct,  the  number  of  weighers 
for  any  one  precinct  to  be  determined  by  said  court,  and  should 
they  appoint  a  public  weigher  for  said  justice  precinct,  he  shall 
hold  his  office  until  the  next  general  election,  when  there  shall  be 
be  elected  for  said  justice  precinct  his  successor,  a  public  weigher, 
in  the  manner  and  form  governing  the  election  of  other  precinct 
officers;  provided,  the  majority  of  the  qualified  voters  shall  be 
determined  by  a  comparison  with  the  whole  number  of  votes  cast 
at  the  last  general  election  in  such  justice  precinct  for  the  office  of 
governor;  and  it  is  further  provided,  that  no  person  shall  be  elected 
or  appointed  a  public  weigher  unless  he  shall  be  a  qualified  elector 
in  the  city  or  justice  precinct  for  which  he  is  appointed  or  elected. 


474  Laws  Concerning  Weights  and  Measures 

Length  ei  term  ^11  public  weighers  appointed  by  the  governor  or  elected  for 

justice  precinct  shall  hold  their  office  for  a  term  of  two  years  and 
until  their  successors  are  appointed  or  elected,  as  the  case  may  be, 
and  qualified,  subject  to  removal  for  misconduct  or  inccrnpetency 
office;  provided,  no  person  shall  be  appointed  or  elected  public 
weigher  or  deputy  public  weigher  who  is  interested  in  the  purchase 
or  sale  of  cotton,  wool,  sugar  or  grain;  to  be  weighed,  either  as 
principal,  agent,  factor,  commission  merchant  or  employee; 
provided,  further,  that  the  commissioners'  court  may  unite  two 
or  more  justice  precincts  for  the  purpose  of  electing  public  weighers ; 
provided,  further,  that  when  the  people  of  any  county  or  sub- 

howbefiectedntofoffice'^^v^s^on  thereof  that  has  an  elective  weigher,  may  wish  to  abolish 
said  office  of  public  weigher,  the  commissioners'  court  of  said 
county  shall,  upon  petition  to  abolish  said  office,  signed  by  quali- 
fied voters  at  least  one-third  in  number  of  the  whole  vote  cast  for 
governor  at  the  last  preceding  election  in  the  county  or  weighers 
precinct,  as  the  case  may  be,  order  an  election  to  decide  whether 
such  office  of  public  weigher  of  the  county  or  subdivision  named 
in  the  petition  shall  be  abolished  or  not. 

Said  election  shall  be  held  in  the  same  manner  as  other  elec- 
tions, and  if  a  majority  of  the  votes  of  the  county  or  subdivision 
of  the  county  ordering  said  election  shall  be  cast  in  favor  of  abol- 
ishing any  office  of  public  weigher,  the  commissioners'  court  shall 
declare  such  office  to  be  abolished  within  thirty  days  after  the 

two  yea*"'          '"election,  and  another  election  for  this  purpose  shall  not  be  held 
for  two  years,  and  no  election  shall  be  held  for  this  purpose  until 
two  years  after  said  office  of  public  weigher  has  been  created. 
sec.  43(iopoj)  When  a  person  is  appointed  or  elected  public  weigher  and 

wSghera6  *  ° '  public  snaU  nave  qualified  as  provided  in  article  4309  he  shall  enter  upon 
the  duties  of  his  office  and  weigh,  without  unnecessary  delay  all 
cotton,  wool,  sugar,  hay,  pecans  or  grain,  required  to  be  weighed 
by  him. 

baTe°s,?"k  welght  OI  He  shall  prepare  a  convenient  place  or  places  of  easy  access  to 
the  public  in  which  to  perform  his  duties.  He  shall  mark  upon 
the  bales  of  cotton,  hogsheads  or  barrels  of  sugar,  and  bales  of 
wool,  or  on  tags  attached  thereto,  the  weights  thereof  in  figures, 
and  shall  deliver  to  the  owner  or  his  agents,  of  all  cotton,  wool, 
certificate  hay,  sugar,  pecans  or  grain,  a  certificate,  or  a  statement,  at  the 

option  of  the  owner  in  writing  with  ink  or  an  indelible  pencil, 
setting  forth  the  weights  of  such  cotton,  wool,  sugar,  hay,  pecans 
or  grain  weighed  by  him,  over  his  official  signature.  *  *  * 
May4a3ppoint  deputies  The  public  weighers  who  shall  have  been  appointed  or  elected 
under  the  provisions  of  this  act,  after  they  have  taken  the  oath 
of  office,  and  their  bonds  shall  have  been  approved  and  recorded 
in  the  same  manner  as  the  bonds  of  county  officers,  shall  have 


Texas  475 

power  and  authority  to  appoint  as  many  deputies  as  may  be 
necessary  to  enable  them  to  expediently  weigh  all  cotton,  wool, 
sugar,  hay,  and  grain,  offered  to  be  weighed  in  the  cities  and 
justice  precincts  for  which  they  are  elected  or  appointed;  pro- 
vided, that  no  public  weigher  shall  appoint  deputies  for  any  place 
or  places  not  situated  in  the  city  or  justice  precinct  for  which  he 
is  elected  or  appointed.  The  public  weigher  for  any  justice  pre-  To  ^  appointed  on 
cinct  shall  on  request  of  twenty  bona  fide  citizens  of  any  town,Petition 
railroad  station,  or  other  place  in  his  precinct,  who  are  engaged 
in  the  buying  or  selling  of  cotton,  wool,  sugar,  hay,  or  grain, 
appoint  a  deputy  for  such  town,  railroad  station  or  other  place. 
The  deputies  of  public  weighers  shall  take  the  oath  required  of  oath  and  bond  of 

^1     •  •       •       1  1  j.1     •  •       •       i  £  ii_  j  deputies 

their  principals,  and  their  principals  may  require  of  them  a  bond 
with  good  and  sufficient  sureties,  in  the  sum  of  fifteen  hundred 
dollars,  to  be  approved  by  said  principals,  and  conditioned  for 
the  faithful  performance  of  their  duties,  and  the  said  principals 
shall  have  the  right  to  recover  in  any  court  having  jurisdiction, 
satisfaction  on  said  bonds  for  any  damages  sustained  by  reason 
of  said  deputy  or  deputies  failing  to  properly  perform  the  duties 
of  their  office. 

All  public  weighers  appointed  or  elected  under  the  provisions    Ihk'if  keep  accurate 
of  this  act  shall  keep  accurate  and  well  adjusted  scales  and  bal-8**163 
ances  and  give  accurate  weights,  and  shall  have  the  same  tested 
and  certified  to  as  provided  by  law.     All  public  weighers  appointed 
or  elected  under  the  provisions  of  this  act  shall  be  held  responsible 
for  their  official  acts  and  the  official  acts  of  their  deputies,  and 
shall  be  liable  at  suit  for  all  damages  that  may  have  accrued  to 
any  person  or  persons  by  reason  of  their  failure  to  perform  their 
official  duties. 

It  shall  not  be  lawful  for  any  factor,  commission  merchant,  or   fj^j*  commlsslon 
other  person  or  persons,  to  employ  any  other  than  a  public  weigher  merchant  not  to  em- 

.    ,'  i  -i  •  ?i_       Ploy  ot1161  weigher 

or  his  deputies  to  weigh  cotton,  wool,  sugar,  hay  or  grain,  or  other 

produce  sold  or  offered  for  sale  in  any  city  or  justice  precinct 

having  a  public  weigher  duly  qualified,  and  any  person  or  persons  ta  weigher  may  sue  vio- 

violating  this  provision  shall  be  liable  at  the  suit  of  the  public 

weigher  of  such  city  or  justice  precinct  to  damages  in  any  sum 

not  less  than  five  dollars  for  each  bale  of  cotton,  bale  or  sack  of 

wool,  ton  of  hay  or  ton  of  grain  so  unlawfully  weighed,  to  be 

recovered  in  any  court  having  jurisdiction  thereof. 

Public  weighers  appointed  or  elected  under  the  provisions  of  f^s4315 
this  act  shall  receive  the  following  fees:  For  each  bale  of  cotton 
weighed,  not  exceeding  ten  cents,  and  when  he  shall  run  a  cotton 
yard  in  connection  with  his  weighing  his  compensation  shall  not 
exceed  fifteen  cents  per  bale  as  yardage  for  the  first  month  after 
same  is  received  for  storage,  and  not  exceeding  ten  cents  per  bale 


476  Laws  Concerning  Weights  and  Measures 

per  month  thereafter.  For  each  bale  or  sack  of  wool,  or  hogshead 
of  sugar,  or  wagon  load  of  hay,  pecans  or  grain,  ten  cents;  for  each 
part  of  a  wagon  load  of  hay,  grain  or  pecans,  not  exceeding  five 
cents.  *  *  * 

Nothing  in  this  Act  shall  prevent  any  person,  firm  or  corpora- 
from  weighing  his  own  cotton,  wool,  sugar,  hay,  grain  or 

owne3rl6may  weigh  pecans  in  person,  providing  that  in  places  where  there  are  no 

own  cotton  public  weighers  appointed  or  elected  that  any  person  who  shall 

weigh  cotton,  wool,  sugar,  grain,  hay  or  pecans  for  compensation 

shall  be  required  before  weighing  such  produce  to  enter  into  a 

TO  give  bond  bond  with  at  least  two  good  and  sufficient  sureties  in  the  sum  of 
twenty-five  hundred  dollars  ($2500),  approved  and  payable  as  in 
the  case  of  public  weighers  referred  to  in  this  chapter,  and  con- 
ditioned that  he  will  faithfully  perform  the  duties  of  his  office  and 
turn  over  all  property  weighed  by  him  on  demand  of  the  owner; 

Not  applicable  to  mer- provided,  that  this  Article  shall  not  apply  to  merchant  flouring 

chant  flouring  mills        r  rr>9 

mills. 
Art.  43'6a  Any  weigher  who  qualifies  under  Article  4^16  of  this  chapter 

Liable  for  damages,        j     i      «       •    i    ,  *  .tt.  ••  r    -1  A  i  -xi_ 

when  and  shall  violate  any  of  the  provisions  or  fail  to  comply  with  any 

of  such  provisions  shall  be  liable  at  the  suit  of  any  person  injured, 

upon  his  bond  for  damages  that  may  have  accrued  to  such  person 

by  such  violation  or  failure. 

Art.  43i6b  Any  person  who  shall  weigh  or  offer  to  weigh  any  cotton,  wool, 

Failure    to    comply;  J    r  ,.,        £  °.         r        ,.,  ,  ,.°       .,/  ,     . 

penalty  for  sugar,  or  hides  for  compensation  for  the  public  without  complying 

with  all  of  the  provisions  of  this  Act  shall  be  guilty  of  a  misde- 
meanor and  upon  conviction  shall  be  fined  in  any  sum  not  exceed- 
ing two  hundred  dollars. 

Gen.  Laws,  i9n,  ch.     That  the  owners,  lessees,  operators  or  receivers  of  all  cotton 
sec.  i  gins,  in  this  State,  shall  stamp  or  write,  upon  each  and  every  bale 

Weight    of    bagging0-  .  j   1          ,  •          i    •       .c     '  xt.  •    -Ux      rj.1.     u 

and  ties  used  on  cotton  of  cotton  ginned  by  them,  in  plain  figures,  the  weight  ofthebag- 
neree  "    "**  **  ***'  ging  and  ties  in  which  the  cotton  is  wrapped,  said  figures  to  be 
written  or  stamped  with  indelible  ink,  and  shall  be  not  less  than 
four  inches  in  height  and  three  inches  in  width,  and  shall  be  pre- 
ceded by  the  word,  "  tare,"  written  or  stamped  upon  the  bale  with 
indelible  ink,  the  letters  composing  said  word  to  be  not  less  than 
penalty  tor  violation  four  inches  in  height  and  three  inches  in  width.     Any  person  wil- 
fully violating  the  provisions  of  this  section  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  punished  by  a  fine  of 
not  less  than  ten,  nor  more  than  one  hundred  dollars, 
sec.  a  That  the  owners,  lessees,  operators  or  receivers  of  all  cotton 

Weight    of    bagging  .      ,,  .     0,  in-,  i  j 

and  ties  to  be  replaced,  compresses  in  this  State,  shall  wnte  or  stamp  upon  each  and  every 
bale  of  cotton  compressed  by  them,  the  word  and  figures  placed 
upon  such  bale  or  bales  of  cotton  by  the  ginner  ginning  the  same, 
in  compliance  with  section  i  of  this  act,  in  the  same  manner  as 
provided  for  ginners  in  said  section  i ,  should  such  word  and  figures 


Texas  477 

be  defaced  or  hidden  during  the  process  of  compression.     Any   Penaity  for  violation 
person  wilfully  violating  the  provisions  of  this  section,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  punished 
by  a  fine  of  not  less  than  ten  ($10.00)  dollars,  nor  more  than  one 
hundred  ($100.00)  dollars. 

Each  bale  of  cotton  ginned  and  each  bale  of  cotton  compressed   l^ate  offense- 
without  having  placed  thereon  the  word  and  figures  as  provided what  conslitutcs 
in  sections  i  and  2,  respectively,  of  this  act,  shall  constitute  a 
separate  offense. 

It  shall  be  unlawful  for  any  person,  firm,  corporation,  cotton   Greater  deduction  tor 
exchange  or  board  of  trade,  to  make  a  greater  deduction  for  tare, tere  unlawftl1 
either  from  the  gross  weight  of  any  bale  of  cotton  or  the  price  of 
same  than  is  shown  by  the  figures  placed  upon  the  bale  in  compli- 
ance with  section  i  of  this  act. 

Any  person,  firm,  corporation,  cotton  exchange,  or  board  of   Mte&meanor 
trade,  or  any  agent  of  any  person,  firm,   corporation,  cotton 
exchange,  or  board  of  trade  who  violates  the  provisions  of  section 
4  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon   Pen*ity 
conviction,  shall  be  punished  by  a  fine,  of  not  less  than  ten  nor 
more  than  one  hundred  dollars. 

Each  bale  of  cotton  from  which  a  greater  deduction  for  tare  is    i^rate  offense, 
made,  than  is  shown  by  the  figures  written  or  stamped  upon  same, what  cons'«utes 
shall  constitute  a  separate  offense. 

The  crowded  condition  of  the  calendars  of  both  Houses,  and  the  f^ect 
importance  of  this  measure  to  the  people  of  the  State,  create  an 
emergency  and  an  imperative  public  necessity  demanding  the  sus- 
pension of  the  Constitutional  rule  requiring  all  bills  to  be  read  on 
three  several  days,  and  that  this  act  take  effect  and  be  in  force 
from  and  after  its  passage,  and  it  is  so  enacted. 

All  corporations,  firms  or  persons,  before  selling  or  offering  for  IOJ^;2^8aws>  I9I1§  du 
sale  any  commercial  fertilizer  for  use  within  this  State,  shall   !«*«,»*  to  be 
brand  or  attach  to  each  bag,  barrel  or  package  a  plainly  printed  8tamP*d  on  fertilizers 
statement,  showing  the  brand  or  name  of  said  fertilizer,  the  net 
weight  of  the  contents  of  the  package,  the  name  and  address  of  the 
corporation,  firm  or  person  registering  said  fertilizer      *      *      *. 
All  branding  or  labeling  must  be  durable  and  legible,  and  so  placed 
and  arranged  as  to  be  easily  read. 

*  *    *     That  for  the  purposes  of  this  act  an  article  shall  also  47Gpen76^ws>  I9II>  **• 
be  deemed  to  be  misbranded:    *    *    *     (b)  In  the  case  of  food:   f|yrandingt  what 

*  *    *     (3)  if  in  package  form  and  the  contents  are  stated  in  constitutes 
terms  of  weight  or  measure,  they  are  not  plainly  and  correctly 
stated  on  the  outside  of  the  package. 


UTAH 


sealer>  dutleg 


The  standard  of  weights  and  measures  adopted  and  used  by  the   ser?72^aws'  I9°7 
government  of  the  United  States  is  hereby  declared  the  only  legal     04*468  stand~ 
standard  of  weights  and  measures  of  this  state. 

The  State  Dairy  and  Food  Commissioner  shall  be  ex-officio 
sealer  of  weights  and  measures,  and  shall  procure  and  have 
custody  of  the  authorized  public  standards  of  weights  and  meas-of 
ures.  He  shall  at  least  once  a  year  and  as  often  as  he  may  deem 
necessary,  try  and  prove  by  such  standards  all  weights,  measures, 
seals  [scales],  beams,  computing  scales  and  other  devices  having  a 
device  for  indicating  or  registering  the  price  as  well  as  the  weight 
of  the  commodity  offered  for  sale.  Computing  devices,  which 
may  be  used  by  any  person  at  any  place  within  the  State,  shall  be 
tested  as  to  the  correctness  of  both  weight  and  arithmetical  values 
indicated  by  them,  except  within  cities  wherein  there  exists  a  city 
sealer  of  weights  and  measures.  He  may,  however,  when  deemed 
necessary,  test  all  the  above  mentioned  apparatus  in  said  cities,  if 
they  have  not  been  previously  tested  by  the  city  sealer  of  weights 
and  measures.  He  shall  seal  such,  when  found  to  be  correct  in  the 
State  of  Utah,  by  stamping  upon  them  the  letter  U  with  a  seal 
which  he  shall  have  and  keep  for  that  purpose  . 

He  may  also,  at  any  time,  inspect  the  local  sealer's  outfit  as  to 
accuracy,  and  when  found  incorrect  may  have  them  sent  to  a 
responsible  manufacturer  of  sealer's  apparatus  for  repairs,  or  to 
the  National  Bureau  of  Standards  for  verification. 

Any  person  dealing  in  any  article  of  produce  or  merchandise    |^se27standards, 
who  shall  himself  or  by  his  agent  or  employee  use  any  weight  or  short  weight  or  meas- 
measure  other  than  the  standard  herein  specified,  or  who  shall 
himself  or  by  his  agent  or  employee  give  short  weight  or  measure 
or  less  than  the  full  quantity  of  any  article  sold,  shall  be  liable  for 
each  offense  to  a  fine  in  any  sum  less  than  three  hundred  dollars, 
and  for  all  damages  accruing  for  such  offense  to  the  party  injured. 

The  State  Dairy  and  Food  Commissioner  shall  collect  from  the  b^aws^i^iTh11^ 
owner  and  pay  into  the  State  treasury  for  the  use  of  the  State  the  tit||  ^ 
following  fees,  to-wit:  For  any  steelyards,  beam,  ground,  floor,    Fee's  of  state  sealer 
platform,  counter,  computing  or  other  scales,  by  which  can  be 
weighed  not  exceeding  100  pounds,  75  cents. 

479 


480  Laws  Concerning  Weights  and  Measures 

For  any  such  instrument  by  which  may  be  weighed  over  100 
pounds,  and  not  more  than  600  pounds,  $1.00;  600  pounds  to 
2,000  pounds,  $1.50;  all  over  2,000  pounds,  $2.50. 
For  any  nests  or  sets  of  measures,  75  cents. 
For  any  yardstick,  dry  or  liquid  measure,  25  cents. 
And  the  weights  attached  to  any  scales  shall,  as  to  the  compen- 
sation of  the  sealer  of  weights  and  measures,  be  considered  as  parts 
of  the  scales ;  Provided,  that  where  any  such  weight,  measure  or 
instrument,  upon  subsequent  examination,  be  found  correct  and 
shall  not  require  to  be  stamped  a  second  time,  the  aforesaid  sealer 
of  weights  and  measures  shall  not  receive  more  than  one-half  of 
the  compensation  provided  for. 

.Lfws,  1911,  ch.  107     For  the  purpose  of  carrying  out  the  provisions  of  this  act,  there 
s»i  is  hereby  appropriated  the  sum  of  $1,000.00  to  put  in  order  the 

weights  and  measures  now  on  hand  and  to  purchase  such  addi- 
tional standards  as  may  be  required,  and  the  sum  of  $2,400.00 
annually,  or  so  much  thereof  as  may  be  necessary  to  pay  the 
expenses  of  making  the  required  tests. 

comp.  Laws,  1907         Nothing  in  this  title  shall  be  construed  to  curtail  or  in  any  man- 

Municlpaipowersner  abridge  the  powers  of  municipal  corporations  to  make  such 

regulations  for  the  trying  and  proving  of  weights  and  measures, 

scales  and  beams,  as  are  granted  to  such  corporations  by  the  laws 

of  this  state. 

comp.  Laws,  1907.  ^  false  weight  or  measure  is  one  which  does  not  conform  to  the 
P'se3c3.244°4  standard  established  by  the  laws  of  the  United  States  of  America. 

False  weights  or  .  .,  .          .  , 

measures  defined  Every  person  who  uses  any  weight  or  measure,  knowing  it  to  be 

ustag^taise  weight  false,  by  which  use  another  is  defrauded  or  otherwise  injured,  is 
guilty  of  a  misdemeanor. 

MaVkint  false  weight  Every  person  who  knowingly  marks  or  stamps  false  or  short 
or  measure;  sale  weight  or  measure,  or  false  tare,  on  any  cask,  or  package,  or  car, 
or  who  knowingly  sells  or  offers  for  sale  any  cask  or  package  or 
other  article  so  marked,  is  guilty  of  a  misdemeanor. 

GivinTshert  weight  In  &U  cases  of  coal,  hay,  and  other  commodities,  usually  sold  by 
the  ton  or  fractional  part  thereof,  the  seller  must  give  to  the  pur- 
chaser full  weight,  at  the  rate  of  two  thousand  pounds  to  the  ton ; 
and  in  all  sales  of  articles  which  are  sold  in  commerce  by  avoirdu- 
pois weight,  the  seller  must  give  to  the  purchaser  full  weight,  at 
the  rate  of  sixteen  ounces  to  the  pound ;  and  any  person  violating" 
any  provision  of  this  section  is  guilty  of  a  misdemeanor. 

comp.  Laws,  1907,  P.  Every  person  who,  in  putting  up  in  any  bag,  bale,  box,  barrel,  or 
I3s7ec.  4475  other  package,  any  hops,  cotton,  wool,  grain,  hay,  or  other  goods 

Penalty   for   fraudu-  t,r        ij   •      t,  i/V       L  t  i  U  •    t,* 

lentiy  increasing  weight  usually  sold  in  bags,  bales,  boxes,  barrels,  or  packages  by  weight, 
of  package  puts  m  or  conceals  therein  anything  whatever,  for  the  purpose  of 

increasing  the  weight  of  such  bag,  bale,  box,  barrel,  or  package,  is 

punishable  by  a  fine  of  $25  for  each  offense. 


Utah 


481 


«w».x9ii,d».  120,?  206 
/p( 


The  city  council  shall  have  the  powers  in  the  following  Sections  4 
enumerated  : 

To  provide  for  the  place  and  manner  of  sale  of  meats,  poultry, 
fish,  butter,  cheese,  lard,  vegetables,  and  all  other  provisions,  and  council618 
regulate  the  selling  of  the  same.  Manner  Vlaie 

To  provide  for  and  regulate  the  inspection  of  meats,  fruits,    sec.  206x44 
poultry,  fish,  butter,  cheese,  lard,  vegetables,  flour,  meal,  and  alletc.nsp 
other  provisions. 

To  provide  for  the  inspection,  measurement,  or  graduation  of   ^pe2cu0n4Sof  mer- 
any  merchandise,  manufacture,  or  commodity,  and  to  appoint  the  chandise 
necessary  officers  therefor. 

To  provide  for  the  inspection  and  sealing  of  weights,  measures,    wei«htsxand  meas- 
computing  scales  and  all  weighing  and  measuring  devices  indcat-  ures 
ing  arithmetical  values  as  well  as  weight. 

To  enforce  the  keeping  of  proper  weights,  measures,  computing   lime!6  Keeping,  en- 
scales  and  all  weighing  and  measuring  devices  indicating  arith-  forcement  °f 
metical  values  as  well  as  weight. 

On  each  package  of  butter  manufactured  and  offered  or  exposed   Comp-  ^f^  I9°7 
for  sale  in  the  State  of  Utah,  there  shall  be  stamped  upon  the    §£V^*XK6  * 

1  -L-L.  c  J.-L.  1          ±-L.  £       -J.-L.       jj  Weight  to  be  stamped 

wrapper  or  package  the  name  of  the  maker  thereof  with  address  °n  butter 
of  same,  and  the  actual  number  of  ounces  contained  in  said  wrapper 
or  package  at  the  time  of  its  manufacture. 

Any  person,  firm,  or  corporation  who  offers  to  sell,  or  furnish,  or 
deliver  for  sale,  any  butter,  unless  marked  as  specified  in  §746  x  26, 
shall  be  deemed  guilty  of  a  misdemeanor. 

Misbranded  —  For  the  purpose  of  this  chapter  an  article  shall  be 
to  be  deemed  misbranded  :  In  the  case  of  foods  : 

3.  If  in  package  form,  and  the  contents  are  stated  in  terms  of 
weight  or  measure,  they  are  not  correctly  stated  on  the  outside  of 
the  package. 

The  Metric  System  shall  be  taught  in  the  public  schools  of  the 
State. 

In  the  use  of  the  Babcock  test,  the  standard  milk  measures 
or  pipettes  shall  have  a  capacity  of  17.6  cubic  centimeters,  and 
the  standard  test  tubes  or  bottles  for  milk  shall  have  a  capacity 
of  2  cubic  centimeters  for  each  10  per  cent  marked  on  the  necks 
on  the  necks  thereof;  cream  shall  be  tested  by  weight  and  the 
standard  unit  for  testing  shall  be  18  grams,  and  it  is  hereby  made 
a  misdemeanor  to  use  any  other  standards  of  milk  or  cream  meas- 
ure where  milk  or  cream  is  purchased  by  or  furnished  to  cream- 
eries or  cheese  factories  and  where  the  value  of  said  milk  or  cream 
is  determined  by  the  per  cent  of  butter  fat  contained  in  the  same 
or  wherever  the  value  of  milk  or  cream  is  determined  by  the  per 
cent  of  butter  fat  contained  in  the  same  by  the  Babcock  test. 
*  *  *  *  *  *  * 


Pecna7ity  x  27 


system  to 


g/-^5'  I9II>  ch- 
use  of  Babcock  test 


8578°—  12  -  3I 


482  Laws  Concerning  Weights  and  Measures 


Misdemeanor  ^ny  manufacturer,  merchant,  dealer,  or  agent  in  this  State 

who  shall  offer  for  sale  or  sell  a  milk  pipette  or  measure,  test 
tube  or  bottle  which  is  not  correctly  marked  or  graduated  as 
herein  provided,  shall  be  guilty  of  a  misdemeanor. 

It  shall  be  unlawful  for  the  owner,  manager,  agent,  or  employee 
of  a  cheese  factory,  creamery,  or  condensed  milk  factory  to  falsely 
manipulate  or  under-read  or  over-read  the  Babcock  test  or  any 
other  contrivance  used  for  determining  the  quality  or  value  of  milk 
or  cream,  or  to  make  any  false  determination  by  said  Babcock 
test  or  otherwise. 

Whoever  shall  violate  any  of  the  provisions  of  this  Act,  shall 
be  guilty  of  a  misdemeanor,  and  shall  upon  conviction  thereof,  be 
punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor  more 
than  two  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
for  not  less  than  ten  days  nor  more  than  thirty  days  ;  or  by  both 
such  fine  and  imprisonment,  at  the  discretion  of  the  court. 


si        'o  I9°7  5)    ^e  standard  unit  of  measurement  of  the  flow  of  water  shall 
Iec'd28d  of  measure-  ^e  ^ne  discharge  of  one  cubic  foot  per  second  of  time,  which 
shall  be  known  as  a  second  foot;  and  the  standard  unit  of  measure- 


ment of  the  volume  of  water  shall  be  the  acre  foot,  being  the 
amount  of  water  upon  an  acre  covered  one  foot  deep,  equivalent 
to  43,560  cubic  feet. 
Mtaesowners  to  pro-     The  owners.   agent,  or  operator,  of  every  coal  mine  in  this 

vide  scales  for  weigh-  State,  at  which  the  miners  are  paid  by  weight,  shall  provide  at 
such  mines  suitable  and  accurate  scales  of  standard  manufacture 
for  the  weighing  of  all  coal  which  shall  be  hoisted  or  delivered 
from  such  mines;  provided,  that  when  coal  is  weighed  in  the 
miner's  car,  such  car  shall  be  brought  to  a  standstill  on  the  scales 
before  the  weight  is  taken. 
weVgher  to  be  The  owner,  agent,  or  operator  of  such  mine  shall  require  the 

swom.  Record  of  coal  person  authorized  to  weigh  the  coal  delivered  from  said  mine  to 
be  sworn  before  some  person  having  authority  to  administer  an 
oath,  to  keep  the  scales  correctly  balanced,  to  accurately  weigh 
and  to  correctly  record  the  gross  or  screened  weight  to  the  nearest 
ten  pounds  of  each  miner's  car  of  coal  delivered  from  such  mine, 
and  such  oath  shall  be  kept  conspicuously  posted  at  the  place  of 
weighing.  The  record  of  the  coal  mined  by  each  miner  shall  be 
kept  separate,  and  shall  be  opened  to  his  inspection  at  all  reason- 
able hours,  and  also  for  the  inspection  of  all  other  persons  pecun- 
iarily interested  in  such  mine. 
Mtaers'may  furnish  ^n  a^  coal  mines  in  this  state  the  miners  employed  and  work- 

Duties  a^d^weS*11'"^  therein  may  furnish  a  competent  check  weighman  at  their 
own  expense,  who  shall  at  all  proper  times  have  full  right  of  access 
and  examination  of  such  scales,  machinery,  or  apparatus,  and  of 
seeing  all  measures,  and  weights  of  coal  mined  and  accounts  kept 


Utah  483 

of  the  same;  provided,  that  not  more  than  one  person  on  behalf 
of  the  miners  collectively  shall  have  such  right  of  access,  exam- 
ination, and  inspection  of  scales,  measures,  and  accounts  at  the 
same  time,  and  that  such  persons  shall  make  no  unnecessary 
interference  with  the  use  of  such  scales,  machinery,  or  apparatus. 
The  agent  of  the  miners  as  aforesaid  shall,  before  entering  upon 
his  duties,  make  and  subscribe  to  an  oath  before  some  officer  duly 
authorized  to  administer  oaths,  that  he  is  duly  qualified  and  will 
faithfully  discharge  the  duties  of  check-weighman.  Such  oath 
shall  be  kept  conspicuously  posted  at  the  place  of  weighing. 

Any  person,  company,  or  firm  having  or  using  any  scale  or  scales   fraudulent  weighing 
for  the  purpose  of  weighing  the  output  of  coal  at  mines  so  arranged  a  misdemeanor 
or  constructed  that  fraudulent  weighing  may  be  done  thereby, 
or  who  shall  knowingly  resort  to  or  employ  any  means  whatso- 
ever by  reason  of  which  such  coal  is  not  correctly  weighed  or 
reported  in  accordance  with  the  provisions  of  this  chapter;  or  any 
weighman  or  check-weighman  who  shall  fraudulently  weigh  or 
record  the  weights  of  such  coal,  or  connive  at  or  consent  to  such 
fraudulent  weighing,  shall  be  deemed  guilty  of  a  misdemeanor. 

Any  person,  owner,  or  agent  operating  a  coal  mine  in  this  state   |^aI1^3for  teilure  to 
who  shall  fail  to  comply  with  the  provisions  of  this  chapter,  or  comply  with  provisions 
who  shall  obstruct  or  hinder  the  carrying  out  of  its  requirements, 
shall  be  deemed  guilty  of  a  misdemeanor;  provided,  that  the 
provisions  of  this  chapter  shall  apply  only  to  coal  mines  in  which 
ten  or  more  miners  are  employed  in  a  period  of  twenty-four  hours. 

It  shall  be  the  duty  of  the  coal  mine  inspector,  in  addition  to    sec.  1534 

,   .  ,  1     ,•  .  -M  ,  1  ,         .  .         Coal  mine   inspector 

his  other  duties,  to  examine  all  scales  used  at  any  coal  mine  m  to  examine  scales 
the  state  for  the  purpose  of  weighing  coal  taken  out  of  such  mine; 
and  on  inspection,  if  found  incorrect  he  shall  notify  the  owner  or 
agent  of  any  such  mine  that  such  scales  are  incorrect;  and  after 
such  notice  it  shall  be  unlawful  for  any  owner  or  agent  to  use  or 
suffer  the  same  to  be  used,  until  such  scales  are  so  fixed  that  the 
same  will  give  the  true  and  correct  weight.  Any  persons  violat- 
ing the  provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor. 


VERMONT 

Section  4902  of  the  Public  Statutes  is  hereby  amended  so  as  to    Laws,  1910,  P.  iso. 

read  as  follows,  Viz:  State'standards 

Sec.  4902.  The  standards  of  weight  and  measure  that  have  been 
or  may  hereafter  be  adopted  by  the  United  States  shall  be  the 
standards  of  weight  and  measure  for  this  state;  and  the  weights, 
measures  and  balances  received  from  the  United  States  under  a 
resolution  of  Congress,  approved  June  14,  1836,  and  such  new 
weights,  measures  and  balances  as  shall  be  received  from  the 
United  States  as  standard  weights,  measures  and  balances  in  addi- 
tion thereto,  or  in  renewal  thereof,  shall  be  the  authorized  stand- 
ards by  which  all  standards  of  weights  and  measures  of  this  state 
shall  be  tried,  proved  and  sealed. 

Prior  to  December  3ist,  1910,  and  biennially  thereafter  the  Gen-    sec.  * 

,     .  111      11      i  ••  f          •    1  i  1  Commissioner,  elec- 

eral  Assembly  shall  elect  a  commissioner  of  weights  and  measures  turn  oi 

whose  term  of  office  shall  be  for  two  years  from  and  including  said   Term 

thirty-first  day  of  December,    1910,   and  until  his  successor  is 

elected  and  qualified,  who  shall  devote  his  entire  time  to  the  duties 

of  his  office.     He  may  when  necessary  appoint  inspectors  whose    inspectors,  appoint- 

remuneration  shall  not  exceed  three  dollars  per  day  with  actual  pSs0*'  salary>  * 

hotel  expenses  not  to  exceed  two  dollars  per  day,  while  away  from 

home,  and  transportation  expenses,  and  he  and  his  inspectors  shall 

be  sworn. 

The  annual  salary  of  the  commissioner  of  weights  and  measures    sec.  3,  as  amended 
shall  be  fourteen  hundred  dollars.     He  shall  also  receive  his  neces-  bysaiarys'andI0en»ense8 
sary  expenses  when  away  from  home  on  official  business,  and  saidof 
commissioner  shall  be  entitled  to  such  sum  for  clerical  assistance 
as  the  auditor  of  accounts  shall  deem  reasonable. 

Said  commissioner  shall  take  charge  of  the  standards  adopted   g^  0,  commls. 
by  the  state,  cause  them  to  be  kept  in  the  Capitol  building  fromsioner 
which  they  shall  not  be  removed,  except  for  repairs  or  for  certifi- 
cation, and  take  all  other  necessary  precautions  for  their  safe-   -to  keep  standards 
keeping.     He  shall  maintain  such  standards  in  good  order  and 
shall  submit  them  once  in  ten  years  to  the  National  Bureau  of 
Standards  for  certification.     He  shall  correct  the  standards  of  the  fle-to  have  °*em  veri- 
several  cities  and  towns,  and,  as  often  as  once  in  five  years,  com-  e-to  correct  standards 
pare  the  same  with  those  in  his  possession,  and  where  not  other-01 
wise  provided  by  law  he  shall  have  a  general  supervision  of  the 

485 


486  Laws  Concerning  Weights  and  Measures 

weights,  measures  and  measuring  and  weighing  devices  of  the 
state,  and  in  use  in  the  state. 

sec.  5  Said  commissioner  or  his  inspectors  shall  visit  the  various  cities 

^and  towns  in  the  state  in  order  to  inspect  the  work  of  the  local 
sealers  and  in  the  performance  of  his  duty,  he  or  his  inspectors  may 
inspect  weights,  measures  and  balances  which  are  used  for  buying 
or  selling  goods,  merchandise,  or  other  commodities,  and  for  public 
weighing;  and  shall,  upon  the  written  request  of  any  citizen,  firm, 
corporation  or  educational  institution  of  the  state,  test  or  calibrate 
weights,  measures,  weighing  or  measuring  devices  and  instruments 
or  apparatus  used  as  test  standards  in  the  state.  He,  or  his 
inspectors,  shall  at  least  once  annually  test  all  scales,  weights  and 
measures  used  in  checking  the  receipt  or  disbursement  of  supplies 
in  every  state  institution  and  he  shall  report  in  writing  his  findings 
to  the  executive  officer  of  the  institution  concerned. 

sec.  e  Said  commissioner  shall  keep  a  complete  record  of  the  standards, 

keep  "record8  °  balances,  and  other  apparatus  in  his  possession,  and  take  a  receipt 
for  same  from  his  successor  in  office.  He  and  his  inspectors  shall 
have  the  power  to  inspect,  test,  try  and  ascertain  if  they  are  cor- 
rect, all  weights,  scales,  beams  measures  of  every  kind,  instruments 
or  mechanical  devices  for  measurement,  and  the  tools,  appliances 
or  accessories  connected  with  any  or  all  such  instruments  or  meas- 
urements used  or  employed  within  the  state  by  a  proprietor,  agent, 
lessee  or  employee  in  determining  the  size,  quantity,  extent  area 
or  measurement  of  quantities,  things,  produce,  articles  for  distri- 
bution or  consumption  offered  or  submitted  by  such  person  or 
persons  for  sale,  for  hire,  or  award. 

commissioner  and  ^a^  commissioner  or  his  inspectors  may  at  irregular  intervals 
auuioritrsojduties  and  examme  commodities  sold  or  offered  for  sale  and  test  them  for 
correct  weight,  measure  or  count.  He  or  his  inspectors  may,  for 
the  purpose  above  mentioned,  and  in  the  general  performance  of 
their  official  duties,  enter  or  go  into  or  upon  and  without  formal 
warrant,  any  stand,  place  building  or  premises  or  may  stop  any 
vendor,  peddler,  junk  dealer,  coal  wagon,  ice  wagon,  or  any  dealer 
whatsoever,  for  the  purpose  of  making  the  proper  tests;  and  in 

Ponce  power  the 'exercise  of  such  duties  they  shall  have  full  police  power  to 
enforce  any  and  all  reasonable  measures  for  testing  such  weights 
and  measures,  and  also  in  ascertaining  whether  false  or  short 
weights  and  measures  are  being  given  in  any  sales  or  transfer  of 
articles  of  merchandise  taking  place  within  the  State.  Whenever 
the  commissioner  or  his  inspectors  find  a  violation  of  the  statutes 
relating  to  weights  and  measures  they  shall  submit  the  evidence 
to  the  properly  constituted  authority  in  the  county  in  which  such 
violation  occurred  who  shall  thereupon  prosecute  the  offender. 


Vermont  487 

The  commissioner  shall  keep  a  complete  record  of  all  work  done   AnmLa  report 
under  his  direction  and  shall  make,an  annual  report,  not  later  than 
July  first,  to  the  governor. 

If  a  person  authorized  to  seal  weights  and  measures  in  accordance   sec.  9 
with  this  act,  stamps  a  weight  or  measure  without  duly  verifying  etf. !a 
the  same  by  comparison  with  the  local  standard  or  is  guilty  of  a 
breach  of  any  duty  imposed  upon  him  by  law,  or  otherwise  mis-    Misconduct  in  office 
conducts  himself  in  the  execution  of  his  office,  he  shall  be  liable 
to  removal  and  to  pay  a  fine  not  exceeding  two  hundred  dollars  for 
each  offense. 

A  town  or  city  standard  shall  not  be  deemed  legal  nor  be  used   |?c- »  . 

...        ,         ,         J1         ~  ,.  •    -L.A.  11  Standards,    deemed 

by  the  local  sealer  for  testing  any  weight,  measure  or  balance,  legal,  when 
unless  it  has  been  verified  by  the  commissioner  of  weights  and 
measures  within  five  years  of  the  time  at  which  it  is  used,  and 
whenever  necessary. 

Every  weight  for  use  in  trade,  except  when  the  small  size  of  the   ^eights  and  meas- 
weight  renders  it  impracticable  shall  have  the  denomination  of ures.  n°w  marked 
such  weight  permanently  marked  on  the  top  side  thereof  in  legible 
figures  or  letters;  and  every  measure  of  capacity  for  use  in  trade 
shall  have  the  denomination  and  kind  thereof  permanently  marked 
on  the  outside  of  such  measure  in  legible  figures  or  letters.     A 
weight  or  measure  not  in  conformity  with  this  section  shall  not  be 
stamped  by  the  commissioner  of  weights  and  measures  or  local 
sealers. 

A  person  who,  after  an  inspection  of  his  weighing  and  measuring b  Sec^a,  as  amended 
devices,  or  either,  uses  or  has  in  possession  for  use  in  trade  any  WsessingI0faiise  "or 

•    1   ,  111  j_ij  j.1  •_*_•  incorrect  apparatus, 

weight,  measure,  scale,  balance,  steelyard  or  other  weighing  or  penalty  for,  when 
measuring  device  which  is  false  or  incorrect,  shall  be  fined  not 
more  than  one  hundred  dollars,  or,  in  case  of  a  second  or  any  sub- 
sequent offense,  not  more  than  two  hundred  dollars.     After  inspec-   May  be  seized' whan 
tion  has  been  made,  as  above  provided,  any  such  false  or  incorrect 
weight,  measure,  scale,  balance,  steelyard  or  other  weighing  or 
measuring  device  may  be  seized  by  any  official  acting  under 
authority  of  this  act,  and,  upon  order  of  the  court,  the  same  shall 
be  forfeited. 

A  weight  or  measure  duly  stamped  by  the  commissioner  of   f^^  or  measure, 
weights  and  measures  or  his  inspectors  or  a  local  sealer,  or  by  the  le*al' when 
National  Bureau  of  Standards  shall  be  a  legal  weight  or  measure 
throughout  the  state,  unless  found  to  be  false  or  incorrect  and  shall 
not  be  liable  to  be  resealed  because  used  in  any  other  place  than 
that  in  which  it  was  originally  stamped. 

Whoever  sells  or  offers  for  sale  a  less  quantity  than  represented   Fraudulently  or  un- 
or  sells  in  a  manner  contrary  to  law  shall  be  guilty  of  fraud  and  lawfully sellm* 
shall  be  fined  not  more  than  one  hundred  dollars,  or  in  case  of  a   Penalty  for 
second  offense  not  more  than  two  hundred  dollars. 


488  Laws  Concerning  Weights  and  Measures 

foierance«  The  commissioner  of  weights  and  measures  shall,  after  consulta- 

tion with  and  with  the  advice  of  the  National  Bureau  of  Standards, 
establish  tolerances  for  use  in  the  State  of  Vermont,  and  said  tol- 
erances shall  be  the  legal  tolerances  in  the  State  of  Vermont. 
tuies6  Tne  state  commissioner  may  make  suitable  rules  and  regulations 

to  govern  the  sale  of  commodities. 

bjf  Laws7'  1910?  Art  di^     A  person  who  neglects  or  refuses  to  produce  for  the  commissioner 
of  weights  and  measures  or  his  inspectors  or  any  local  sealer  all 
weighing  or  measuring  devices  in  his  possession  and  used  in  trade 
ta?ctolehave  apparatus  or  on  his  premises,  or  refuses  to  permit  the  said  officers  to  examine 
exob^mcting  or  bin- tne  same,  or  obstructs  the  entry  of  said  officers,  or  obstructs  or 
dering  officials  hinders  any  official  acting  under  authority  of  this  Act,  or  know- 

ingly violates  any  rule  or  regulation  made  and  promulgated  under 
the  authority  of  section  16  of  this  Act,  or  violates  any  of  the  provi- 
sions of  this  Act,  when  no  other  penalty  is  prescribed,  shall  be  fined 
not  more  than  two  hundred  dollars. 

lines?  to  whom  paid  All  fines  collected  for  violations  under  this  act  shall  be  paid  to 
the  state  treasurer  for  the  support  of  the  department  of  weights 
and  measures.  Justices  shall  have  concurrent  jurisdiction  with 
the  county  court  of  prosecutions  under  this  act. 

itendards  required  Section  4906  of  the  Public  Statutes  is  hereby  amended  so  as  to 
read  as  follows : 

Sec.  4906.  Each  town  and  city  treasurer  shall  provide  and  keep 
in  repair  in  his  office  the  following  standard  measures;  one-half 
bushel,  one  peck,  one-half  peck,  dry  measure,  one  gallon,  one  two- 
quart,  one  quart,  one  pint  and  one-half  pint,  liquid  measure,  one 
yard  measure  and  such  scales  or  weights  as  the  town  directs,  which 
shall  be  proved  and  sealed  by  the  commissioner  of  weights  and 
measures. 
frovtag  and  sealing  Section  4907  of  the  Public  Statutes  is  hereby  amended  so  as  to 

Fees  therefor  rea(l  as  f OHOWS I 

Sec.  4907.  The  town  and  city  treasurer  shall  prove  and  seal 
scales,  weights  or  measures  presented  to  him  for  that  purpose  by 
comparison  of  the  same  with  the  standards  in  his  office,  and  shall 
be  entitled  to  receive  from  the  person  presenting  the  same  ten  cents 
for  each  article,  so  sealed,  and  a  reasonable  compensation  for 
alterations. 

sundards,  how  Section  4908  of  the  Public  Statutes  is  hereby  amended  so  as  to 
read  as  follows: 

Sec.  4908.  The   state   standards   shall   be   stamped   with   the 
letters  S.  S.,  and  the  town  standards  with  the  letters  T.  S.,  and 
-  city  standards  with  the  letters  C.  S. 

Repeal  Sections  4903,  4904,  4905  and  4910  of  the  Public  Statutes  and 

all  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 


Vermont  489 

This  act  shall  take  effect  from  its  passage,  except  those  pro- 
visions  hereof  relating  to  fines  and  penalties. 

A  hundred  weight  shall  mean  the  net  weight  of  one  hundred 

pounds  avoirdupois,  and  a  ton,  the  net  weight  of  two  thousand  (^) 

,  .  1111  Sec-  4909 

pounds;    and  contracts  or  sales  concerning  the  same  shall  be  con-    Hundredweight;  ton 

strued  accordingly. 

A  bushel  of  wheat,  potatoes,  peas,  clover  seed,  beets  and  turnips    sec.  49no 

i-    11  1  -L.      •    j  £      t,    i      r  T~  j          Bushel  of  grain  and 

shall  be  each  sixty  pounds;  a  bushel  of  beans,  sixty-two  pounds ;  vegetables 
a  bushel  of  rye  or  Indian  corn,  fifty-six  pounds;  a  bushel  of  barley 
or  buckwheat,  forty-eight  pounds ;  a  bushel  of  India  wheat,  forty- 
six  pounds;  a  bushel  of  oats,  thirty- two  pounds;  a  bushel  of 
herd's  grass  or  timothy  seed,  forty-five  pounds;  a  bushel  of  apples, 
forty-six  pounds;  a  bushel  of  carrots,  fifty  pounds;  a  bushel  of 
onions,  fifty-two  pounds;  a  bushel  of  salt,  seventy  pounds ;  as  the 
standard  weight  and  measure  of  the  same,  in  purchases  and  sales 
thereof. 

The  kinds  of  produce  enumerated  in  the  preceding  section  shall   Sec.  49i2<?7<5) 
be  in  good  order  for  shipping;    and  beets,  turnips,  carrots  SU 
onions  shall  be  reasonably  free  from  the  soil  in  which  they  grew, 
and  fairly  trimmed  of  their  tops. 

One  bushel  and  three-quarters  of  a  peck  shall  be  deemed  a  bushel   Sec    <Ife*> 
of  charcoal,  lime  or  ashes,  and  contracts  concerning  the  same  shall   Bushel  of  charcoal, 

, .         '  lime  and  ashes 

be  understood  accordingly. 

A  pile  of  wood  or  bark  four  feet  high,  four  feet  wide  and  eight    gec    (^55) 
feet  long,  well  packed,  shall  be  a  cord ;  and,  in  measuring  the  length    did 
of  wood,  only  one-half  the  kerf  shall  be  included. 

The  standard  measure  of  milk  shall  be  wine  measure. 

In  bargains  for  or  sales  of  saw  logs  or  round  timber  by  measure,    Sec    ^) 
the  number  of  feet,  unless  otherwise  stipulated  by  the  parties,  shall    Milk 
be  ascertained  as  follows :  multiply  the  average  diameter  of  the  top    sec.  49i6 
of  the  log,  inside  the  bark,  in  inches,  by  half  such  diameter  in  inches,  umber logs  * 
disregarding  fractions  of  an  inch  less  than  one-half,  and  regarding 
fractions  greater  than  one-half  as  a  full  inch,  and  the  number 
obtained  as  the  product  will  represent  the  contents  in  feet  of  a  log 
of  that  diameter  twelve  feet  long.     If  the  log  is  less  than  twelve 
feet  long,  the  actual  contents  will  be  the  same  fraction  of  the  above 
product  as  the  actual  length  of  the  log  is  of  twelve  feet.     If  the  log 
is  more  than  twelve  feet  long,  commence  at  the  upper  end  and 
measure  it  into  sections  of  twelve  feet ;  then  find  according  to  the 
above  rule,  the  contents  of  each  section  and  fractional  section. 
The  aggregate  of  the  contents  of  the  sections  will  be  the  contents  of 
whole  log. 

In  contracts  for  covering  roofs  with  slate,  when  no  underlap  is    Sec    <rf0°> 
agreed  upon,  three  inches  for  each  course  of  slate  shall  be  required. 


490  Laws  Concerning  Weights  and  Measures 


uS6  ch      The  words  "concentrated  commercial  feeding  stuff,"  as  used 
213  "P."  967  "  'in  this  chapter,  shall  include  linseed  meals,  cottonseed  meals,  cot- 

ceonct9nt3rated    com-tonseed  feeds,  pea  meals,  cocoanut  meals,  gluten  meals,  gluten 
feedingstuS8  feeds,   maize  feeds,   starch  feeds,   sugar  feedS)>  dried   distiller's 


> 

grains,  dried  brewer's  grains,  malt  sprouts,  hominy  feeds,  cereal- 
ine  feeds,  rice  meals,  oat  feeds,  corn  and  oat  chops,  corn  and  oat 
feeds,  corn  bran,  ground  beef  or  fish  scraps,  meat  and  bone  meals, 
mixed  feeds  other  than  those  composed  solely  of  wheat  bran  and 
middlings  mixed  together  or  with  pure  grain,  provenders  other 
than  those  composed  of  pure  grains  ground  together,  condimental 
stock  and  poultry  foods,  patented  proprietary  or  trade-marked 
stock  and  poultry  foods  and  other  materials  of  a  similar  nature 
not  named  in  the  following  section. 

sec.  4984  The  words  "concentrated  commercial  feeding  stuffs,"  as  used 

in  this  chapter,  shall  not  include  hay  and  straw,  the  whole  seed 
nor  the  unmixed  meals  made  directly  from  the  entire  grains  of 
wheat,  rye,  barley,  oats,  Indian  corn,  buckwheat,  India  wheat 
and  broom  corn;  nor  shall  it  include  the  wheat,  rye,  and  buck- 
wheat bran  or  middlings  not  mixed  with  other  substances  but 
sold  separately  as  distinct  articles  of  commerce,  nor  wheat  bran 
and  middlings  mixed  together  and  not  mixed  with  other  sub- 
stances, nor  pure  grains  ground  together,  when  unmixed  with 
substances  other  than  wheat,  rye,  or  buckwheat  bran  or  middlings. 

sec-  4985  Every  lot  or  parcel  of  concentrated  commercial  feeding  stuffs  as 

Statement  of  contents   ,    7T        ,-/  .        ,  ,   .   r    ,  IP         r       1  •          f  i-  1  u 

Net  weight  defined  in  this  chapter,  used  for  feeding  farm  live  stock,  sold, 

^  ^^M  ______  offered  or  expose^  for  sale,  shall  have  a  plainly  printed  statement 

conspicuously  affixed  thereto  clearly  and  truly  certifying  the 
number  and  net  pounds  of  feeding  stuff  in  a  package,  the  name, 
brand  or  trade  mark  under  which  the  article  is  sold,  the  name 
and  address  of  the  manufacturer  or  importer,  *  *  *.  If 
the  feeding  stuff  is  sold  in  bulk  at  retail  or  put  up  in  packages 
belonging  to  the  purchaser,  the  agent  or  dealer  shall,  upon  request 
of  the  purchaser,  furnish  him  with  the  certified  statement  named 
in  this  section. 

sic84976888>  I902)         Every  lot  or  parcel  of  commercial  fertilizer  sold,  offered  or 
commercial  fertiiiz-  exposed  for  sale,  the  retail  price  of  which  is  ten  dollars  or  more 

ers,  net  weight  to  be        *  1111  <  • 

shown  per  ton,  shall  be  accompanied  by  a  plainly  printed  statement 

clearly  and  truly  certifying  the  number  of  net  pounds  of  fertilizer 
in  a  package,  the  name,  brand  or  trade-mark  under  which  the  fer- 
tilizer is  sold,  the  name  and  address  of  the  manufacturer  or 
importer,  *  *  *. 


VIRGINIA 

The  weights,  measures,  and  balances  received  by  this  state,  chc^%  ^  title  **• 
under  a  resolution  of  congress  approved  the  fourteenth  day  of   Sec  I(/^6"7) 
June,  eighteen  hundred  and  thirty-six,  and  an  act  of  congress    standards 
approved  the  seventh  day  of  July,  eighteen  hundred  and  thirty- 
eight,  shall  be  kept  in  the  capitol,  in  a  room  to  be  assigned  by  the 
Governor  and  fitted  up  for  the  purpose  under  his  direction;  they 
shall  be  the  public  standards  of  weights  and  measures  in  this 
state.  (I866.7) 

The  Register  of  the  Land  Office  shall  be  Superintendent  of  b^cts9^^6^ 

Weights  and  Measures.  PS3uU>tendent'  "i 

weights  and  measures 

The  Governor  and  the  Superintendent  of  Weights  and  Measures   ^  £**°"**) 
are  authorized  and  directed  to  contract  for  and  have  manufac-    weights  and  meas- 

.......  /•  -XT-       •     •  f^    •  i  f  -ires   to   be   manufac- 

tured, within  the  state  of  Virginia,  a  sufficient  number  of  sets  of  tu«d  for  counties  and 

balances,  weights,  and  measures  (the  measures  to  be  made  of  cast001 
iron,  brass,  or  composition),  as  will  be  necessary  to  supply  each 
county  and  corporation  within  the  state,  not  provided  with  the 
same.  The  said  balances,  weights  and  measures  shall  be  deliv- 
ered by  the  contractor  at  the  office  of  Superintendent  of  Weights 
and  Measures  as  they  may  be  required  by  said  Superintendent, 
and  shall  be  paid  for,  on  the  order  of  the  Governor,  out  of  any 
money  in  the  treasury  not  otherwise  appropriated. 

Upon  the  application  of  the  court  of  any  county  or  corporation,    loV  obtained  by 
the  Governor  or  Superintendent  shall  furnish  said  county  or  cor-JCf68  and  corpora- 
poration  with  such  balances,  weights,  and  measures  as  the  court 
shall  designate;  but,  before  receiving  the  same,  the  agent  of  such 
county  or  corporation  shall  pay  into  the  public  treasury  the 
amount  paid  therefor  by  the  state. 

The  court  of  every  county  and  corporation  shall  constantly  keep   sec.  igfi46'7 
for  the  use  and  at  the  charge  of  such  county  or  corporation,  the  mws^rteswet1hgSs  £& 
following  weights,  measures,  and  balances,  conformable  to  saidkeep 
standards  and  sealed  by  said  Superintendent,  that  is  to  say:  of 
dry  measure,  one  half  bushel,  one  peck,  and  one  half  peck;  of  wine 
measure,  one  gallon,  one  half  gallon,  one  quart,  one  pint,  one  half 
pint,  one  gill;  one  set  of  brass  weights  to  four  pounds,  computed 

491 


492 


Laws  Concerning  Weights  and  Measures 


at  sixteen  ounces  to  the  pound,  with  suitable  scales  and  steel  beam ; 
one  set  of  iron  weights  from  one  pound  to  fifty  pounds;  also  of 
long  measures,  one  yard,  and  a  set  of  troy  weights,  from  the  lowest 
denomination  to  eight  ounces.  All  said  measures,  weights,  and 
balances  shall  be  verified  by  the  Superintendent,  and  sealed  by 
him  in  a  durable  manner,  according  to  its  true  weight,  capacity 
and  length, 
where'and  by  whom  The  weights,  balances  and  measures  provided  for  each  county 

kept    '  or  corporation  shall  be  kept  in  such  place  and  by  such  person  as 

may  be  appointed  by  the  court;  such  person  to  be  the  sealer  of 
weights  and  measures  for  the  county  or  corporation. 

(1876, 1889, 1897)         A  cord  contains  one  hundred  and  twenty-eight  cubic  feet,  being 
weights  per  bushel,  eight  feet  long,  four  feet  high,  and  four  feet  wide,  or  the  equivalent 

etcord  thereof;  and  in  all  measurement  of  wood,  tan-bark  or  other  things 

subject  to  such  measurements  the  foregoing  shall  be  the  true  and 
legal  standard,  any  usage,  by-law  or  ordinance  of  any  corpora- 
tion, railroad,  or  other  company  to  the  contrary  notwithstanding. 
And  in  all  sales  by  weight  of  the  agricultural  products  hereinafter 
named  the  number  of  pounds  per  bushel  as  stated  in  the  following 
schedule  shall  be  the  true  and  legal  standard :  * 


Barley  

Lbs.  per  bush. 
48 

Millet  seed  

Lbs.  per  bush. 
c;o 

Beans  (white)   

60 

Oats  

•JO 

Blue  -grass  seed  

14 

Onions  

C7 

Buckwheat  

C2 

Onions,  top  sets  

28 

Chestnuts  

C7 

Orchard  grass  seed 

14 

Clover  seed 

60 

Osage  orange  seed 

54 

Corn  (shelled)  

^6 

Peanuts  

22 

Corn  (in  the  ear)  

7O 

Peas,  black-eyed  

60 

Corn-meal  

CO 

Potatoes,  Irish  

50 

Dried  apples  

28 

Potatoes,  sweet  

e6 

Dried  peaches,  peeled  

40 

Plastering  hair            .  .  . 

8 

Dried  peaches,  unpeeled.  ..  . 

32 

Rye.  .. 

56 

Flaxseed  

tf 

Salt  

CO 

Hemp  seed  

44 

Stone  coal  .          .   .     .  . 

80 

Herds  grass  (or  red  top)  seed  . 

12 

Timothy  seed  

4=; 

Hungarian  grass  seed  

48 

Turnips  

cc 

L,ime,  unslacked  

80 

Wheat 

60 

Malt  .  . 

38 

Cotton  seed.  . 

32 

sec. 


^  When  apples  are  bought  or  sold  by  weight  in  this  state,  the 

apJLesight  ol  barrel  °f  quantity  constituting  a  bushel  shall  be  forty-five  pounds,  and  the 
quantity  constituting  a  barrel  shall  be  one  hundred  and  thirty-five 
pounds.  A  barrel  for  use  in  packing,  selling,  or  shipping  apples 
size  of  apple  barrels  shall  be  of  the  following  dimensions  :  Head  diameter,  seventeen 
and  one  eighth  inches;  length  of  stave,  twenty-seven  and  one  half 
inches;  bulge,  not  less  than  sixty-four  inches,  outside  measure- 
ment. Every  person  buying  or  selling  apples  in  this  state  by  the 

1  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  these  articles. 


Virginia  493 

barrel  shall  be  understood  as  referring  to  the  quantity  or  size  of 

the  barrel  herein  specified.     No  person  in  this  state  shall  hereafter 

use  or  cause  to  be  used,  or  have  in  his  possession,  barrels,  for  the 

sale  of  apples,  of  a  size  less  than  the  size  specified  in  this  act,  unless 

each  of  the  same  is  plainly  stamped  on  the  outside  thereof,  and  on    stamping  "short  bar- 

each  head  with  the  words  "short  barrel"  in  letters  not  less  than 

two  inches  in  height.     Every  person  violating  any  provisions  of 

this  section  shall  forfeit  the  sum  of  five  dollars  for  every  barrel  put 

up,  made,   or  used  in  violation  of  such  provision,  one-half  of 

which  shall  go  to  the  informer  and  one-half  to  the  commonwealth. 

1.  On  and  after  August  tenth,  eighteen  hundred  and  ninety-   (       (/*#) 
eight,  it  shall  not  be  lawful  for  any  person  in  the  State  of  Virginia   lize 'oV^barreis  for 
to  use  in  the  shipment  of  those  agricultural  products  commonly  products  regulated'"181 
called  truck  a  barrel  of  less  size  and  dimensions  than  as  follows, 

to-wit:  the  heads  or  ends  shall  not  be  less  than  seventeen  inches; 
the  staves  shall  not  be  less  than  twenty-seven  and  one-half  inches ; 
inside  measurements  at  bilge  not  less  than  eighteen  and  one-half 
inches,  and  the  height  of  barrel  from  bottom  head  to  top  end  of 
the  stave  shall  not  be  less  than  twenty-six  inches;  single  head  or 
double  head  from  head  up,  twenty-four  and  one-half  inches.  Any 
person  violating  this  section  shall  be  fined  not  less  than  one  nor 
more  than  five  dollars  for  each  offence,  and  the  use  of  each  barrel 
so  prohibited  used  shall  constitute  a  separate  offence. 

2.  All  barrels  manufactured  or  offered  for  sale  by  any  railroad   size  of  barrels  manu- 

. .  •'..,.     factored  for  sale  by  rail- 

company,  agent,  or  transportation  company,  or  any  person  in  this  road  company 
state  after  the  tenth  day  of  August,  eighteen  hundred  and  ninety- 
eight,  used  or  to  be  used  in  the  shipment  of  truck  shall  be  of  not 
less  dimensions  and  shall  be  of  not  less  capacity  than  the  barrels 
prescribed  in  section  one.     Any  person  or  any  railroad  company, 
steamboat  company,  or  agent  of  any  transportation  company 
violating  this  section  shall  be  fined  not  less  than  one  nor  more   Penalty 
than  five  dollars  for  each  offence,  and  the  manufacture  and  offering 
for  sale  of  each  barrel  so  prohibited  shall  constitute  a  separate 
offence. 

3.  Nothing  contained  in  sections  one  and  two  shall  apply  to  or   use  of  flour  barrels, 
prohibit  the  use  or  sale  of  ordinary  flour  barrels  or  of  half  barrels,  crates an 
boxes,  or  crates. 

4.  The  fines  and  penalties  prescribed  by  this  act  shall  be  recover- how  n 
able  before  a  justice  of  the  peace  in  the  same  manner  as  other  fines 

are  recoverable  by  law,  and  any  justice,  upon  the  oath  of  a  credit- 
able person,  shall  issue  a  warrant  for  any  one  charged  with  the 
violation  of  this  act  or  any  part  thereof,  and  the  amount  recovered 
therefrom  shall  be  paid  into  the  treasury  of  the  state:  provided 
that  the  provisions  of  this  act  shall  not  apply  to  barrels  used  for 
the  shipment  of  apples. 


494  Laws  Concerning  Weights  and  Measures 

Every  barrel  of  flour  put  up  or  manufactured  in  this  state  shall 
capacity  of  flour  bar-  contain  not  less  than  one  hundred  and  ninety-six  pounds  of  flour, 

rel.    Penalty    for    less  «      <•  n  r  j  •      J.-L-       j.    j. 

than  lie  pounds.  Num-  and  that  every  barrel  of  flour  put  up  or  manufactured  in  this  state, 


**  and  every  barrel  of  flour  shipped  into  this  state,  shall  have  the 
number  of  pounds  contained  therein  plainly  stamped  on  one  head. 
Failure  to  correctly      jf  any  person  or  firm  doing  business  in  this  state  wilfully  or 

stamp  barrels  contain-  .        ,   r     ,1       "  i_  i  J  ri  •      -U  i  1 

fag  flour  knowingly  sell  or  causes  to  be  sold  flour  in  barrels  or  packages  not 

so  correctly  stamped,  showing  the  correct  number  of  pounds  con- 
tained in  such  barrels  or  packages,  he  or  they  shall  be  fined  twenty- 
five  dollars;  and  the  sale  of  every  such  barrel  or  package  shall 
constitute  a  separate  offence. 
sec  i9i3dJ~2)  Hereafter  when  a  dealer  or  dealers  in  coal  in  cities  or  towns  in 

erfo?  *^1tonofc<msam'  this  state,  where  public  scales  are  kept,  may  be  requested  by  a 
person  or  persons  buying  as  much  as  five  hundred  pounds  of  coal 
at  any  one  time  to  weigh  such  coal  upon  the  public  scales,  said 
dealer  or  dealers  shall  do  so  upon  such  request,  the  person  or  per- 
sons buying  the  coal  to  pay  the  fee  for  weighing  same,  if  such  coal 
shall  be  of  proper  weight,  otherwise  such  fees  shall  be  paid  by  said 
refusing  to  dealer.  Any  dealer  refusing  to  weigh  or  to  have  weighed  such  coal 
as  required  in  the  above  section,  or  to  pay  such  fee  for  weighing 
the  same  as  hereinabove  set  out,  shall  be  fined  the  sum  of  five 
dollars  for  each  offense;  Provided,  however,  that  the  provisions  of 
this  act  shall  not  apply  to  any  dealer  or  consumer  of  coal  resi- 
dent in  the  city  of  Lynchburg. 
sec.  i9i44<5"7)  Once  in  every  ten  years  from  the  time  at  which  they  are  first 

-Sudanis,  howSoftenrs>  sealed,  the  said  sealers  of  weights  and  measures  shall  cause  them 
to  be  tried  and  proved  by  the  said  public  standards,  under  the 
direction  of  the  Superintendent,  and  sealed  by  him  anew;  and  if 
any  sealer  of  weights  and  measures  shall  fail  to  do  so,  he  shall 
forfeit  one  hundred  dollars. 
(1849)  Every  sealer  of  weights  and  measures  shall  at  least  once  in 

Sec.  1915  J  p 

HOW  often  to  adver-  every  year,  advertise  in  some  convenient  newspaper,  or  put  up 

hse  for  provmg  those  of  .£     J  .       '     .        -.„  -     , 

individuals  notifications  in  different  parts  of  the  county  or  corporation,  of  the 

times  and  places  when  and  where  he  will  attend  for  the  purpose  of 
trying  and  proving  such  balances,  weights  and  measures  as  maybe 
brought  to  him  for  that  purpose.  Those  which  may  be  found  or 
can  be  made  to  agree  with  the  standards,  shall  be  sealed  by  him 
accordingly,  and  he  shall  deface  and  destroy  all  such  as  do  not 
and  cannot  be  made  to  agree  therewith.1 
More9than  one  sealer  The  court  may  appoint  more  than  one  sealer  of  weights  and 

may  be  appointed  measures  f  or  its  county  or  corporation  and  assign  to  each  the  dis- 
trict within  which  he  shall  act.  A  full  set  of  weights,  measures, 
and  balances  shall  be  provided  for  each  district,  and  each  sealer 
shall  act  only  in  his  own  district. 

1Sec.  1916  repealed  by  laws  of  1895-96,  p.  341. 


Virginia  495 

The  sealer  of  weights  and  measures  of  the  county  or  corporation  edSbey  Ac9ts8of 
for  which  the  service  is  rendered  shall  have  five  cents  for  everv  I9I°- ch-  2°7-  p-  w 

.    ,  11  i   i      i  1  1-1          Fees  of  sealers;  how 

weight  or  measure,  or  scale  beam  and  balance,  steelyard  and  the  paid 

beams  and  poises  thereof,  tried,  proved  and  sealed,  or  defaced 

and  destroyed  by  him,  said  sealers  of  weights  and  measures  to  be    s^-  w,  as  amend- 

•J  -U       it.  i'        1         C  1,  j-t,  •  J  j     edbyActsigio,  ch.  207, 

paid  by  the  owners,  respectively,  for  whom  the  service  is  rendered,  p.  328 

The  seals  and  other  things  necessary  to  enable  them  to  perform  andepaid  £7  pro< 
their  duty  shall  be  procured  by  the  Superintendent  and  the 
sealers.  The  cost  of  such  as  are  procured  by  the  Superintendent 
shall  be  paid  on  the  order  of  the  Governor,  and  of  such  as  are  pro- 
cured by  a  sealer  of  weights  and  measures,  shall  be  a  charge  on  the 
county  or  city  by  whose  court  he  was  appointed. 

A  person  may  call  at  any  time  upon  the  Superintendent,  in  edSebyIartVay™echl 
Richmond,  or  a  sealer  of  weights  and  measures  in  his  county  or  ^HoV2  weights  and 
corporation,  to  try  and  prove  the  weights  and  measures  of  such  ™m*sures  sealed  at  any 
person,  lie  paying  therefor  the  regular  fees  provided  for  in  section  Testing  at  special 
nineteen  hundred  and  eighteen. 

If  any  county  or  corporation  court  shall  refuse  to  provide  and    lena'ity'on  judge  for 
keep  the  weights,  measures,  and  balances  prescribed  by  law,  every  retusin2  to  provide  them 
judge  holding  such  court  shall  forfeit  one  dollar  per  month  thence- 
forth until  they  shall  be  provided. 

If  the  Superintendent  or  any  sealer  of  weights  and  measures    |eecnaIity2on  supsrin- 
shall  fail  to  perform  any  duty  imposed  on  him,  he  shall  forfeit tendent  and  sealers 
twenty  dollars  for  each  offence. 

If  any  person  shall  sell  or  offer  to  sell  any  commodity,  buy,  or    lena'ity3  tor    using 
keep  for  buying  and  selling,  or  for  weighing  packages  for  shipment,  n0eti|e1liednd  measures 
any  scales,  balances,  steelyards,  weights  or  measures  not  sealed 
according  to  law,  he  shall  forfeit  for  each  offence  a  sum  not  exceed- 
ing ten  dollars. 

Once  in  every  five  years  the  directors  of  each  bank  shall  have    Bank9 weights  and 
the  weights  used  in  such  bank  tried,  proved,  and  sealed,  either  by  m 
the  Superintendent  or  a  sealer  of  weights  and  measures. 

No  tender  by  any  bank  in  the  state,  of  gold  weighed  with  weights    Ifo  w 2  g  o  i  d  to  be 
not  so  sealed,  shall  be  legal.     The  payer  to,  or  receiver  from,  any  £0??ehgead;  when  tender 
bank,  of  gold  may  require  that  it  shall  be  weighed  in  each  scale, 
and  the  mean  weight  resulting  therefrom  shall  be  deemed  the  true 
weight. 

All    commercial    manures,    and    artificially    manufactured    or  pc°£e'  I9°4>  ch'  84> 
manipulated  fertilizers,  brought  into  or  manufactured  in  the  State    Sec  I$£7S~6) 
of  Virginia,  for  sale,  and  sold  or  kept  for  sale  therein,  shall  have    Fertilizers  to  be  ia- 

7  '  f  ,         beled;   what   label   to 

permanently  affixed  to  every  sack,  bag,  barrel,  box,  or  other  use;  standard  measure 
package  thereof,  a  stamped  or  printed  label,  which  shall  specify0 
legibly  the  name  of  the  manufacturer  and  his  place  of  business, 
the  net  weight  of  such  sack,  bag,  barrel,  box,  or  other  package, 
the  component  parts  of  such  manure  or  fertilizer,  the  percentage, 


496  Laws  Concerning  Weights  and  Measures 

by  weight,  which  it  contains  of  the  following  constituents,  viz: 
Of  phosphoric  acid,  soluble  in  pure  cold  water;  of  phosphoric  acid, 
insoluble  in  pure  cold  water;  of  available  ammonia,  potash,  and 
soda.  And  where  stable  manures,  or  commercial  manures,  other 
than  such  as  are  sold  or  kept  for  sale  in  sacks,  bags,  barrels,  boxes, 
or  other  packages,  are  sold  or  bought  in  this  state  by  the  bushel, 
or  by  the  cartload,  or  where  the  same  are  upon  sale,  delivered  in 
this  state,  the  standard  of  such  measures  shall  be  as  follows,  to-wit: 
A  bushel  measure  shall  be  no  other  than  stave  measure,  which  shall 
be  uniform  in  shape,  and  of  the  following  dimensions :  The  bottom 
to  be  sixteen  and  a  half  inches  across,  from  inside  to  inside;  the  top 
to  be  eighteen  inches  from  inside  to  inside,  and  twenty-one  inches 
diagonally  from  the  inside  chine  to  the  top.  And  in  the  measure- 
ment of  such  manures  the  tubs  must  be  filled  to  a  slight  rise  above 

Measures  branded  ^e  top.  All  such  measures  must  be  branded  with  the  initials  of 
the  sealer  of  weights  and  measures  of  the  county  or  corporation 
where  the  buyer  or  seller,  or  either  of  them,  resides.  Twenty 
bushels  of  the  measure,  above  provided,  shall  constitute  a  mer- 
chantable cartload  of  such  manures  as  are  above  mentioned. 
^Acts,  1910,  ch.  343,  ft  snaii  j^  be  lawful  at  any  time  for  any  person  to  buy  or  sell 

&£.»  oysters  in  this  State  in  the  shell  by  any  other  than  one-half  bushel 

uyster  measures  j  ,«.  11  1      11   -L       • 

or  one  bushel  metallic  measures,  and  such  measures  shall  be  iron 

Dimensions  of        circular  tubs  with  straight  sides  and  straight  solid  bottoms  with 

holes  in  bottom,  if  desired,  for  draining,  such  holes  to  be  no  larger, 

JPZ&  wtae  meas"  however,  than  one  inch  in  diameter.     A  half  bushel  tub  shall  have 

ure»  wucn  •        •  ^ 

the  following  dimensions  (all  measurements  to  be  from  inside  to 
inside) :  Fifteen  inches  across  the  top,  thirteen  inches  across  the 
bottom,  and  seventeen  inches  diagonally  from  the  inside  chine  to 
the  top;  and  a  bushel  tub  shall  measure  eighteen  and  one-half 
inches  across  the  top,  seventeen  inches  across  the  bottom,  and 
twenty-one  and  one-half  inches  diagonally  from  the  inside  chine 
to  the  top.  When  oysters  are  bought  or  sold  out  of  the  shell  it 
shall  be  by  wine  measure,  according  to  the  standard  prescribed  for 
such  measure  by  section  nineteen  hundred  and  eleven  of  the  Code 
of  Virginia,  eighteen  hundred  and  eighty-seven  [Sec.  1911,  Code 

Penalty  1904].  Any  person  violating  any  provision  of  this  section  shall  be 

fined  not  less  than  twenty-five  nor  more  than  one  hundred  dollars 
seteTwhen  ""^  **  ^ or  eacn  offense.  Moreover,  if  any  inspector  or  other  oyster 
official  have  reason  to  believe  that  measures  not  conforming  to  the 
above  requirements  are  used  on  board  any  vessel  or  craft,  or  in  any 
oyster  house,  he  is  hereby  empowered  to  search  for,  seize  and 
destroy  such  unlawful  measures. 

Sec-47  Any  person  found  guilty  of  resisting  or  impeding  an  officer  or 

other  person  authorized  to  make  arrests,  seizures,  examinations 
or  other  performances  of  duties  under  this  act  shall  be  fined  not 


Virginia  497 

less  than  fifty  nor  more  than  five  hundred  dollars,  and  if  any  per-    Resistance  to  officer 

•'-  J    r";      or  authorized  person  by 

son,  by  threat,  iorce  or  display  of  firearms  or  other  weapon,  resist  threats,  and  so  forth 
or  attempt  to  prevent  arrests,  seizures,  examinations,  or  other 
performances  of  duties,  by  said  officer  or  other  person  he  shall, 
upon  conviction  thereof,  be  confined  in  jail  not  exceeding  one   penalty 
month,  and  fined  not  less  than  one  hundred  nor  more  than  one 
thousand  dollars. 

Any  member  of  the  commission  of  fisheries,  all  inspectors  and   Sec>48 
other  officers  in  the  service,  shall  have  authority,  with  or  without    who  may  make  ar- 
warrant,  to  arrest  any  person  and  seize  any  vessel,  boat,  craft  or rest  or  seize  vessel 
other  thing  used  in  violating  any  of  the  provisions  of  this  act, 
together  with  the  cargo  of  such  vessel,  boat,  or  craft,  and  they 
shall  have  the  same  authority  as  constables  have  to  summon  the 
posse  comitatus  to  aid  them  in  making  such  arrest  and  seizure; 
and  any  vessel,  boat,  craft  or  other  thing,  together  with  the  cargo 
so  seized,  when  not  forfeited  to  the  Commonwealth  in  proper  pro- 
ceedings, may  be  held  by  the  inspector  or  other  official  who  made 
the  seizure  or  in  whose  district  the  same  was  seized,  until  the 
accused  has  paid  the  penalty  of  his  offense  if  upon  trial  he  is  found 
guilty,  or  has  settled  the  amount  agreed  on  without  trial  or  has, 
upon  trial,  been  acquitted,  as  the  case  may  be. 
8578°— ii 32 


WASHINGTON 


the  stats-  P;  "99 
(1890) 

Sec.  9511 
Standard 

Sec.  9512 
Care  of,  etc. 


The  standard  of  weights  and  measures  in  this  state  shall  agree  B 
exactly  with  the  standard  as  recognized  and  furnished  by 
United  States,  and  shall,  for  the  purpose  of  security  and  verifi- 
cation,  be  kept  in  the  custody  of  the  secretary  of  state. 

The  secretary  of  state  shall  be  ex  officio  state  sealer  of  weights  and 
measures,  and  shall  have  the  care  and  custody  of  the  authorized 
public  standard  of  weights  and  measures.  He  shall  try  and  prove 
by  such  standards  all  weights  and  measures,  scales  and  beams 
which  may  belong  to  any  county  and  be  sent  and  brought  to  him 
for  that  purpose  by  the  county  sealer,  and  shall  seal  such  when 
found  to  be  accurate,  by  stamping  on  them  the  letter  "  W"  with  a 
seal  which  he  shall  have  and  keep  for  that  purpose. 

The  county  auditor  of  each  county  shall  be  the  sealer  of  weights   Sec.  9513 
and  measures  for  the  county,  and  shall  have  the  care  and  custody  county  staadwds™0'  by 
of  the  county  standards.     He  shall  procure  at  the  expense  of  the 
county,  when  not  already  provided,  a  full  set  of  weights  and 
measures,  scales  and  beams,  which  he  shall  cause  to  be  tried, 
proved,  and  sealed  by  the  state  standards,  under  the  direction  of 
the  secretary  of  state. 

The  secretary  of  state  shall  authorize  and  instruct  the  county 
auditor  of  each  and  every  county  in  this  state  in  regard  to  testing 
and  verifying  weights  and  measures  within  said  county,  and  shall 
furnish  said  county  auditor  with  a  copy  of  this  act,  and  the 
county  auditor  shall  immediately  post  in  his  office  due  notice  of 
his  authority  and  readiness  to  act  as  inspector  and  sealer  of 
weights  and  measures,  and  shall  advertise  the  same  in  two  papers 
in  said  county  for  the  month  of  January  in  each  year:  Provided, 
however,  That  in  counties  where  no  newspapers  are  published, 
that  notices  shall  be  posted  in  five  public  places. 

The  several  county  sealers  shall  try  and  prove  all  weights  and 
measures,  scales  and  beams,  when  requested  to  so  do,  and  when 
the  same  are  found  or  made  to  conform  to  the  legal  standards, 
they  shall  seal  and  mark  such  weights  and  measures  with  a  seal 
to  be  kept  by  them  for  that  purpose. 

The  state  and  county  sealer  of  weights  and  measures  in  this 
state  shall  charge  for  testing  or  sealing  any  beam  or  scale  the  sum 

499 


Sec.  9514 

Instruction  oi  sealers 
Notice  of  sealers 


Sec.  9515 

Sealing  of  measures 


Sec.  9516 
Fees 


Sec.  9517 


False  weights;  pen- 
alty 


Laws  Concerning  Weights  and  Measures 

of  fifty  cents:  Provided,  That  no  charge  shall  be  made  for  testing 
or  sealing  weights  for  counter,  gold  or  apothecary  scales,  and  for 
each  and  every  weight  or  measure  ten  cents;  for  sealing  and 
marking  liquid  and  dry  measures,  if  the  same  be  a  gallon  or  more, 
ten  cents;  if  less  than  a  gallon,  five  cents.     They  shall  also  be 
entitled  to  a  reasonable  compensation  for  making  such  weights 
and  measures  conform  to  the  standards  established  by  this  act. 
cost  of  county  stand-     The  expense  justly  chargeable  to  any  county  in  this  state  and 
«rds  incurred  in  and  immediately  connected  with  procuring  county 

standards  of  weights  and  measures,  and  noticing  and  advertising 
the  same  in  furtherance  of  the  provisions  and  intentions  of  this 
act,  shall,  on  presentation  of  proper  and  sufficient  vouchers  to  the 
county  commissioners,  be  accepted  and  paid  by  the  said  county. 
s*0- 9Sl8  That  any  person  in  this  state  who  shall,  after  thirty  days  sub- 

sequent to  published  notice  from  the  county  sealers  of  weights  and 
measures,  as  provided  in  section  9514,  be  found  using  any  false  or 
fraudulent  beam,  scale,  weight,  or  measure,  and  who  shall  fail  or 
neglect,  on  written  notice  of  the  same  from  any  person  aggrieved, 
or  in  any  way  cognizant  thereof,  to  have  said  imperfect  beam, 
scale,  weight  or  measure  duly  inspected,  and  by  proper  authority 
adjusted  and  sealed,  or  who  shall  use  the  same  scale,  weight  or 
measure  subsequent  to  said  notice  without  correction  or  adjust- 
ment, as  provided  in  this  act,  any  person  so  offending  shall  be 
liable  to  an  action  in  law  and  penalty  of  twenty  dollars  for  each 
and  every  offense,  to  be  paid  into  the  county  fund. 

The  secretary  of  state  and  each  and  every  county  sealer  of 
weights  and  measures  in  this  state  shall,  before  entering  upon 
the  performance  of  any  official  duties  described  or  implied  in  this 
title,  take  and  subscribe  the  following  oath  or  affirmation- 

"I, ,  do  swear  (or  affirm)  that  I  will  not  seal  or  give  any 

certificate  of  correctness  for  any  scale,  weight  or  measure  but  such 
as  shall,  as  nearly  as  possible,  agree  with  the  standard  in  my 
keeping,  as  the  standard  of  the  state  of  Washington  and  of  the 
United  States,  and  that  I  will,  to  the  best  of  my  ability,  execute 
and  discharge  truly  and  faithfully  the  trust  reposed  in  me.  So 
help  me  God."  Which  oath  or  affirmation  shall  be  filed  in  the 
office  of  the  secretary  of  state. 

In  the  sale  of  fruits,  vegetables,  and  all  other  articles  sold  by 
the  heaped  measure,  one  thousand  two  hundred  and  eighty-two 
(1,282)  cubic  inches  shall  constitute  a  half  bushel. 

The  hundredweight  shall  consist  of  one  hundred  pounds,  and 
twenty  such  hundredweights  shall  constitute  a  ton. 

Whenever  any  of  the  following  articles  shall  be  contracted  for, 
or  sold,  or  delivered,  and  no  special  contract  or  agreement  shall 


Sec.  9319 
Oath  of  sealers 


Sec.  9520 
Half  bushel 


Sec.  9521 

Hundredweight 

Ton 

Sec.  9522 
Bushel 


Washington 


501 


be  made  to  the  contrary,  the  weight  per  bushel  shall  be  as  fol- 
lows, to-wit: 1 

Pounds. 

Dried  apples 28 

Peaches 28 

Potatoes 60 


Pounds. 

Wheat 60 

Clover  seed 60 

Rye 56 

Indian  corn 56 

Oats 32 

Barley 48 

Buckwheat 42 


Green  apples 45 

Pears 45 

Flax 56 


Sec.  95 

Penalt 


(1877) 

Sec.  9524 
Charcoal  measure 


Whoever  in  buying  any  of  the  articles  mentioned  in  the  pre- 
ceding section,  shall  take  any  greater  number  of  pounds  thereof 
to  the  bushel,  or  in  selling  any  of  said  articles,  shall  give  any  less 
number  of  pounds  thereof  to  the  bushel  than  is  allowed  by  said 
section,  with  intent  to  gain  advantage  thereby,  except  when 
expressly  authorized  so  to  do  by  special  contract  or  agreement 
to  that  effect,  shall  be  liable  to  the  party  injured  in  double  the 
amount  of  the  property  so  wrongfully  taken  or  not  given,  and  ten 
dollars  in  addition  thereto,  to  be  recovered  in  any  court  of  com- 
petent jurisdiction. 

All  baskets  for  measuring  charcoal  in  this  state,  shall  contain 
two  bushels  and  shall  be  of  the  following  dimensions,  viz:  Nine- 
teen inches  in  breadth  in  every  part  thereof,  and  seventeen  and 
one-half  inches  deep,  measuring  from  the  top  of  the  basket  to 
the  highest  part  of  the  bottom  and  be  well  heaped:  Provided, 
That  nothing  in  this  section  shall  be  construed  so  as  to  prevent 
the  use  of  any  basket,  box  or  other  measure  in  conformity  with 
the  standard  of  measurement  as  provided  in  this  section. 

Any  person  or  persons  who  shall  violate  the  provisions  of  the 
last  preceding  section  shall  be  liable  to  a  fine  of  five  dollars  for 
each  and  every  offense  so  committed,  to  be  collected  in  similar 
manner  as  other  fines  for  similar  cases  are  now  collected,  and  all 
fines  collected  as  aforesaid  shall  belong  to  the  school  fund  of  the 
county  in  which  such  offense  or  offenses  may  have  been  committed. 

The  amount  of  tare  to  be  deducted  from  the  gross  weight  of 
each  bale  of  hops  grown  and  hereafter  sold  in  this  state  is  hereby nopsdu 
fixed  at  five  pounds  per  bale.  Five  yards  of  baling  cloth  is  the 
maximum  quantity  to  be  used  in  making  the  bale,  and  the  stand- 
ard weight  of  each  yard  of  baling  cloth  is  hereby  fixed  at  from 
twenty-four  to  thirty  ounces.  The  standard  weight  for  a  bale 
of  hops  is  hereby  fixed  at  from  one  hundred  and  seventy-five  to 
two  hundred  and  ten  pounds.  Any  vender  of  hops  using  heavier 
sacking  than  that  specified  in  this  section,  or  using  any  extraneous 
matter  in  the  baling  thereof,  shall  have  the  same  deducted  as 
additional  tare. 


Sec.  9525 
Penalty 


(1890) 
Sec.  9526 


Bale  of  hops 


1  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  articles. 


502  Laws  Concerning  Weights  and  Measures 

sec.  28^?9/)  Every  person  who  uses  any  weight  or  measure,  knowing  it  to 

lse  >  by  which  use  another  is  defrauded  or  otherwise  injured, 
is  guilty  of  a  misdemeanor.  A  false  weight  or  measure  is  one 
which  does  not  conform  to  the  standard  established  by  the  laws 
of  the  United  States. 

sec.  284l/86)  I*1  aH  sales  of  coal,  hay  and  other  commodities  usually  sold  by 

''0  8ive  '""the  ton  or  fractional  part  thereof,  the  seller  must  give  to  the  pur- 
chaser full  weight,  at  the  rate  of  two  thousand  pounds  to  the 
ton;  and  in  all  sales  of  articles  which  are  sold  in  commerce  or 
trade,  by  avoirdupois  weight,  the  seller  must  give  to  the  pur- 
chaser full  weight  at  the  rate  of  sixteen  ounces  to  the  pound. 
Any  person  violating  this  section  is  guilty  of  a  misdemeanor. 

Remington  and  Bat-     Every  person  who  shall  injure  or  defraud  another  by  using, 

linker's  Ann.  Codes  and       •,1      iij^i  ,1  r    i  ft  •     1    , 

stats.  with  knowledge  that  the  same  is  false,  a  false  weight,  measure  or 

sec.  2637°°°  other  apparatus  for  determining  the  quantity  of  any  commodity 

andSmJasure1  weights  or  article  of  merchandise,  or  by  knowingly  misrepresenting  the 
quantity  thereof  bought  or  sold;  or  who  shall  retain  in  his  posses- 
sion any  weight  or  measure,  knowing  it  to  be  false,  unless  it 
appears  beyond  a  reasonable  doubt  that  it  was  so  retained  without 
intention  to  use  it  or  permit  it  to  be  used  in  violation  of  the  fore- 
going provisions  of  this  section,  shall  be  guilty  of  a  gross  misde- 
meanor. 
Remington  and  Bai-  That  the  unit  of  measure  for  water  for  irrigation,  mining, 

lingers  Ann.  Codes  and        .,„  j  1          •        1  .1   •  1      it  i  1   •      f 

stats.,  p.  1069  milling  and  mechanical  purposes  in  this  state  shall  be  a  cubic  foot 

(1890)  j.  £\.' 

sec.  6315  of  water  per  second  of  time. 

Water  measurement  A  1_       -j.      i      1_    11   1_ 

Remington  and  Bai-     Any  such  city  l  shall  have  power: 

linger's  Codes  and 
Stats.,  p.  1454 
Sec.  7507 

GeneraV5opowers  of  *&•  To  establish  and  regulate  markets,  and  to  provide  for  the 
COTo°provide  for  weigh-  weighing,  measuring  and  inspection  of  all  articles  of  food  and 
ing,  etc.,  of  food  drink  offered  for  sale  thereat,  or  at  any  other  place  within  its  limits, 
proper d  i^geaike  weights  t>y  proper  penalties,  and  to  enforce  the  keeping  of  proper  legal 
and  measures  weights  and  measures  by  all  venders  in  such  city,  and  to  provide 

for  the  inspection  thereof. 

Remington  and  Bai-     All  milk  cans  or  other  vessels  used  for  the  shipping,  sale  or  dis- 

hnger  s  Ann.  Codes  and  .  £          -11         1      11     1  ^1      •       i-         •  i  •.         TT     -^     j     rv^ 

stats.  pensing  of  milk  shall  have  their  liquid  capacity  United  States 

sec.  9527^ w  standard,  measured  and  plainly  sealed  or  stamped  thereon  by  any 

stamped  on  muk*a^s"y  county  auditor,  as  ex  officio  county  sealer,  or  any  of  his  deputies, 

in  the  manner  already  provided  for  the  sealing  of  weights  and 

measures. 

sec.  9528  Any  individual  or  corporation  owning  and  using  milk  cans  or 

other  vessels  or  shipping,  selling  or  dispensing  of  milk  by  measure- 
ment for  a  consideration  in  a  can  or  vessel  that  has  not  been 
officially  sealed  and  its  liquid  capacity  plainly  stamped  thereon, 

1  Cities  of  the  first  class,  having  a  population  of  20,000  or  more  inhabitants. 


Washington  503 

shall  be  subject  to  a  fine  of  five  dollars  for  every  offense,  and  the 
forfeiture  of  all  unsealed  milk  cans  or  vessels  found  in  his  or  its 
possession. 

Any  county  sealer  shall  charge  a  fee  of  ten  cents  for  each  milk   ||eS9f^r9sealln 
can  or  vessel  so  stamped  or  sealed.  (/poj) 

There  is  hereby  created  a  standard  size  for  "apple  boxes  and  pear   lumdwd  size  for  ap- 
boxes  for  the  state  of  Washington.  pl^cnd  ^  boxes 

The  standard  size  of  an  apple  box  shall  be  eighteen  inches  long,    sTme  —  Measure- 
eleven  and  one-half  inches  wide,  ten  and  one-half  inches  deep,™' 
inside  measurement.     The  standard  size  of  a  pear  box  shall  be 
eighteen  inches  long,  eleven  and  one-half  inches  wide,  eight  inches 
deep,  inside  measurement. 

Two  thousand  two  hundred  forty  pounds  shall  constitute  a 


gec 
gross  ton  of  coal,  and  two  thousand  pounds  shall  constitute  a  net    coai,9  weight  of  gross 

f  and  net  ton 

ton  of  coal. 

Any  person  selling  less  than  two  thousand  pounds  for  a  ton  shall   gee.  9533 

•u  -if        £  j  •    j.-         j.1  £     1      11   1          Penalty      for      short 

be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  weight 
fined  not  less  than  twenty-five  dollars  ($25.00)  nor  more  than  five 
hundred  dollars  ($500.00)  or  imprisoned  in  the  county  jail  not  less 
than  ten  days  nor  more  than  six  months,  or  fined  and  imprisoned 
both,  in  the  discretion  of  the  court. 

For  the  purposes  of  this  act  an  article  shall  also  be  deemed  to  be  ,.  Remington  and  Bai- 

•  1~          J    J         *  *  Imger's  Ann.  Codes  and 

misbranded  :  stats.,  P.  m 

In  the  case  of  food:     *     *     *     Third.—  If  the  net  weight  or  net    Sec.  ^°7 
measure  of  such  package,  bottle  or  container  be  given,  and  it  shall   ] 
not  be  the  true  net  weight  or  net  measure. 

*  *     *     Such  railroad  company  or  common  carrier  shall  provide  ..  Remington  and  Bai- 

,         ,  ,  ,1-1-1  .  linger  s  Ann.  Code  and 

at  such  place  or  places  as  the  railroad  commission  may  designate  stats.,  P.  9S7 

suitable  track  scales  for  weighing  cars  of  grain  or  hay.     Such   sec.  5996°9) 

scales  shall  be  under  the  control  of  the  chief  inspector  and  rus  videos  c  a*  e^e 

weighers.     It  shall  be  the  duty  of  the  chief  inspector  or  his  deputies  ined 

to  examine,  test  and  require  the  railroad  company  to  correct  all 

scales  so  provided  as  often  as  maybe  necessary  to  insure  the  correct 

weighing  of  grain  or  hay.     Whenever  scales  have  been  installed  by 

any  railroad  company  or  common  carrier  as  above  provided,  it  shall 

be  the  duty  of  the  state  weigher  to  use  such  scale*  in  weighing  all 

grain  or  hay  received  over  the  line  of  such  railway:  Provided,  that 

if  [in]  any  mill  or  terminal  warehouse  in  inspection  cities  there  are 

provided  proper  scales  and  weighing  facilities,  the  chief  inspector 

or  his  deputies  may  weigh  the  grain  upon  the  scales  so  provided. 

The  chief  inspector  or  one  of  his  deputies  shall,  at  least  once  each 

year,  examine,  test  and  require  to  be  corrected  all  scales  used  inScalestobetested 

weighing  grain  or  hay  at  any  public  warehouse  in  this  state,  and 

after  such  scale  is  tested,  if  found  to  be  correct  and  in  good  condi- 

tion, to  seal  the  weights  with  a  seal  provided  for  that  purpose  and 


504  Laws  Concerning  Weights  and  Measures 

issue  to  the  owner  or  proprietor  of  such  warehouse  a  certificate 
authorizing  the  use  of  such  scales  for  weighing  grain  or  hay  for  the 
ensuing  year  unless  sooner  revoked  by  the  chief  inspector  or  his 
deputy.  If  such  scales  be  found  to  be  inaccurate  or  unfit  for  use, 
the  chief  inspector  or  his  deputy  shall  notify  the  party  operating  or 
using  them,  and  the  'party  thus  notified  shall  at  his  own  expense 
thoroughly  repair  the  same  before  attempting  to  use  them,  and 
until  thus  repaired  to  the  satisfaction  of  the  inspector  or  his  deputy, 
the  certificate  of  such  party  shall  be  suspended  or  revoked  in  the 
discretion  of  the  inspector  or  his  deputy.  The  party  receiving  such 
certificate  shall  pay  to  the  chief  inspector  or  his  deputy  the  sum  of 
one  dollar  for  each  scale,  which  sum  shall  be  paid  into  the  state 
treasury. 

tl5TS?cid?««S      It  shall  be  the  duty  of  the  governor  to  appoint  state  weighers, 

stats.,  P-  1316  to  weigh  all  shingles  and  lumber  to  be  shipped  beyond  the  limits 

sec.  7o8o  of  this  state.     That  there  shall  be  one  weigher  appointed  for  each 

State  weighers,  how     r     .,  .  ,1-1          j  •  •     j        ,1  •  1,1 

appointed  of  the  transcontinental  railroads  running  into  this  state,  and  that 

the  office  of  said  weighers  shall  commence  when  this  act  goes  into 
effect.  That  the  term  of  office  of  said  weighers  shall  be  for  the 
period  of  four  years. 

Removal  of  weighers  The  governor  shall  have  the  power,  and  it  is  hereby  made  his 
duty,  upon  receiving  a  petition  in  writing  from  five  manufacturers 
of  shingles  or  lumber,  complaining  of  the  wrongful  acts  of  any  of 
said  weighers  or  their  deputies,  to  investigate  such  charges  and  in 
his  discretion  to  remove  such  weigher  and  to  appoint  a  successor  for 
such  weigher. 
oeactii7<tnd  bond  of  Each  weigher  and  each  deputy  weigher  shall,  before  entering 

deputy  upon  the  duties  of  his  office,  take  and  subscribe  an  oath  that  he  will 

faithfully  discharge  the  duties  of  his  office  to  the  best  of  his  knowl- 
edge and  ability.  Each  weigher  shall  execute  to  the  state  of  Wash- 
ington a  bond  with  two  or  more  sureties,  to  be  approved  by  the 
Secretary  of  State,  in  the  sum  of  three  thousand  dollars,  condi- 
tioned that  he  and  his  deputies  will  faithfully  perform  their  duties 
as  lumber  and  shingle  weighers  and  if  said  lumber  and  shingle 
weighers  or  his  deputy  shall  fail  to  keep  the  conditions  of  said  bond, 
then  the  person.aggrieved  by  his  or  their  wrongful  act  shall  have  a 
right  of  action  against  said  weigher  and  the  sureties  on  said  bond, 
and  they  shall  be  liable  on  said  bond  for  any  judgment  recovered 
in  such  action  to  the  amount  of  the  penalty  of  such  bond.  The 
oath  and  bond  shall  be  filed  with  the  secretary  of  state, 
idirails  to  provide  Jt  sna11  De  tne  duty  °f  eacn  of  said  railroads  to  construct  scales 

scales  capable  of  weighing  cars  loaded  with  lumber  or  shingles  shipped 

from  that  portion  of  Washington  west  of  the  Cascade  mountains  at 
some  point  on  their  respective  lines  and  within  the  limits  of  this 
state  for  the  purpose  of  weighing  said  lumber  and  shingles;  and 


Washington  505 

that  it  shall  be  the  duty  of  each  of  said  railroads  doing  business  east 
of  the  Cascade  mountains  to  maintain  scales  on  the  east  side  of  the 
mountains  and  within  the  limits  of  this  state  for  the  purpose  of 
weighing  lumber  and  shingles  manufactured  on  each  side  of  said 
mountains. 

All  railroad   companies   operating   any   railroad   or   any  part   Sec  1£f°l) 
thereof  within  the  limits  of  this  state  are  required  to  provide   Railroads  to  provide 

.  ,       .  ,  scales 

scales  and  weigh  at  some  common  point  or  points  within  this  state 
all  cars  loaded  with  lumber,  shingles  or  any  other  forest  products 
destined  for  shipment  to  any  and  all  points  within  the  limits  of 
the  state,  and  also  carload  shipments  of  said  commodities  to  any 
and  all  points  outside  of  the  limits  of  this  state.  Also  that  charges 
for  freight  on  said  commodities  be  based  on  the  weights  determined  Freight  charges 

o  f  _  ....,,..  l.1.e>  .,         based  on  weight 

by  the  weighing  stations  within  the  limits  of  this  state.  Also  that 
all  bills  of  lading  of  railroads  operating  within  the  limits  of  this 
state  specify  said  provision. 

Each  weigher  shall   have   the   right  to  appoint  one  or  more  (** 

,  .    9  Sec.  7085 

deputy  weighers.  Deputies 

All  lumber  and  shingles  to  be  shipped  beyond  the  limits  of  this 
state  by  railroad  shall  first  be  weighed  by  said  weigher  or  his 
deputy  at  the  place  where  said  scales  are  located. 

If  any  lumber  or  shingles  shall  be  shipped  beyond  the  limits  of   ^ji^g  to  accept 
this  state  by  any  railroad  company  before  being  weighed  by  said  weights 
weigher  or  his  deputy,  said  railroad  shall  be  compelled  to  accept 
the  weight  named  in  the  affidavit   (if  there  be  any  affidavit) 
attached  to  the  bill  of  lading,  and  in  all  cases  where  there  is  no 
such  affidavit  attached,  said  cars  of  shingles  or  lumber  shall  be 
weighed  by  said  weigher  in  every  instance;  any  failure  to  comply 
with  the  above  requirements  shall  be  adjudged  a  misdemeanor, 
and  on  conviction  thereof  shall,  for  each  offence,  be  fined  in  any 
sum  not  less  than  five  hundred  dollars  nor  more  than  two  thousand   Penalty 
dollars. 

Upon  weighing  said  shingles  or  lumber,  the  weigher  or  his  deputy  f££j°^ei  her,8  blll 
shall  make  out  a  bill,  stating  therein  the  names  of  the  consignor  to  contain 
and  the  consignee,  the  destination  of  said  car  of  shingles  or  lumber 
and  the  place  from  which  said  car  was  billed,  the  name  of  the 
railroad  owning  such  car  and  the  number  of  said  car,  together 
with  the  number  of  shingles  or  amount  of  lumber  said  to  be  con- 
tained in  such  car,  and  the  total  weight  of  shingles  or  lumber  con- 
tained therein.  He  shall  enter  upon  the  books  of  his  office,  to  be 
provided  by  him  and  kept  for  that  purpose,  a  correct  copy  of  said 
bill,  and  shall  mail  or  deliver  to  the  consignee  two  correct  copies 
of  said  bill,  and  to  the  agent  of  the  railroad  over  which  said  car  is 
shipped  one  correct  copy  of  said  bill,  with  the  certificates  thereto 
attached,  that  it  is  a  true  and  correct  bill,  which  bill  so  certified 
shall  be  presumptive  evidence  of  the  facts  therein  contained. 


Laws  Concerning  Weights  and  Measures 

Secg7o89  Bach  weigher  or  his  deputy  shall  receive  and  collect  from  the 

railroad  by  which  said  lumber  or  shingles  were  received,  the  sum 
of  fifty  cents  a  car  for  each  and  every  car  of  lumber  or  shingles 
weighed  by  him. 

lasis7090  When  any  cars  shall  have  been  weighed,  as  herein  designated, 

the  said  weight  shall  constitute  the  basis  by  which  the  weight  of 
said  lumber  or  shingles  shall  be  determined. 

Remington  and  Bai-  &\\  railroad  companies  operating  as  common  carriers  within  the 
Sfsbfe.  C<  "limits  of  this  state,  shall  hereafter  be  required  to  provide  scales, 

sec.  vw05  and  weigh  at  junction  or  at  some  common  point  within  this  state 

1  all  cars  loaded  with  lumber,  shingles  or  other  forest  products  for 
shipment. 

sec.  8677  All  charges  for  freight  on  said  commodities,  except  where  error 

Charges,  how  based    .  1  ...  •    1  A        j    A  •        j     i          j.1 

is  apparent,  shall  be  based  on  the  weights  determined  by  the 
weighing  stations  within  the  limits  of  this  state,  and  all  bills  of 
lading  of  railroad  companies  operating  within  the  limits  of  this  state 
shall  specify  these  provisions :  provided,  this  act  shall  not  apply  to 
switching  charges  or  to  the  handling  of  logs  where  the  charge  is 
by  the  car  or  by  the  thousand  feet. 

Itatement  oi  weight-     Any  railroad  company's  employee  acting  as  weigher  shall  upon 

shipper's  count          request  of  any  shipper  give  him  a  statement  showing  gross  and  net 

weight  of  any  shipment  by  him.     Sworn  count  and  weight  of 

shipper  shall  be  presumptive  evidence  of  true  weight  where  error 

in  railroad  weights  is  apparent. 

cears8weighed  sepa-  All  cars  shall  be  weighed  on  the  scales  separately,  and  not 
rately  attached  to  other  cars  and  at  a  standstill. 

peuStytor violation  In  case  of  violation  of  the  provisions  of  this  act  by  any  railroad 
company,  it  shall  pay  a  penalty  of  twenty  dollars  ($20)  for  every 
car  it  shall  neglect  to  weigh  and  bill  within  the  state  as  above  pro- 
vided, to  be  recovered  from  such  company  in  action  where  there 
is  any  agent  of  such  railroad  company  who  may  be  served  with 
process,  and  the  penalties  recovered  under  this  act  shall  be  paid 
into  the  county  treasury  in  such  county  where  action  is  taken. 
["This  act"  embraces  §§  8676-8681.] 

May8contract  regard      Nothing  contained  in  this  bill  shall  interfere  with  the  right 
ing  weights,  when      of  ^e  shipper  and  carrier  to  enter  into  a  private  contract  regarding 
weights  when  it  is  impracticable  to  weigh.     ["  this  bill " :  §§  8676- 
8681.] 

9iSpSS39^aws' I9II>  ch'     Any  railroad  delivering  grain  or  hay  in  cars  at  any  of  the  places 
Railroads  to  provide  provided  with  state  inspection  under  this  act  shall  provide  con- 
sidetracks  venient  and  suitable  side  tracks  at  such  places  as  the  commission 
[Railroad  Commission]  may  designate,  on  which  all  cars  of  grain 
or  hay  delivered  by  them  shall,  upon  arrival,  be  set  and  arranged 
convenient   for   inspection,    and   after   inspection   such   railroad 
company  shall  promptly  distribute  all  such  cars  of  grain  and  hay 


Washington 


507 


provide    track 


Annual  scale  test 


and  set  them  at  the  proper  place  or  places  to  be  unloaded  as  desig- 
nated by  the  consignor  or  consignee.  Such  railroad  company 
shall  provide  at  such  place  or  places  as  the  commission  may  desig- 
nate  suitable  track  scales  for  weighing  cars  of  grain  or  hay.  Such 
scales  shall  be  under  the  control  of  the  chief  inspector  and  his 
deputies.  It  shall  be  the  duty  of  the  chief  inspector  or  his  depu- 
ties to  require  the  railroad  company  to  correct  all  scales  so  pro- 
vided as  often  as  may  be  necessary  to  insure  the  correct  weighing 
of  grain  or  hay.  Whenever  scales  have  been  installed  by  any 
ailroad  company  as  above  provided,  it  shall  be  the  duty  of  the 
chief  inspector  or  his  deputies  to  use  such  scales  in  weighing  all 
grain  or  hay  received  over  the  line  of  such  railway:  Provided, 
That  if  any  terminal  warehouse  in  inspection  cities  are  provided 
with  proper  scales  and  weighing  facilities,  the  chief  inspector  or 
his  deputies  may  weigh  the  grain  upon  the  scales  so  provided. 
The  chief  inspector  or  one  of  his  deputies  shall,  at  least  once  each 
year,  examine,  test  and  require  to  be  corrected  all  scales  used  in 
weighing  grain  or  hay  in  any  of  the  cities  designated  as  inspection 
points  in  this  act,  or  such  places  as  may  be  hereafter  designated, 
and  after  such  scale  is  tested,  if  found  to  be  correct  and  in  good 
condition,  to  seal  the  weights  with  the  seal  provided  for  that  pur- 
pose and  issue  to  the  owner  or  proprietor  a  certificate  authorizing 
the  use  of  such  scales  for  weighing  grain  or  hay  for  the  ensuing 
year,  unless  sooner  revoked  by  the  chief  inspector  or  his  deputy. 
If  such  scales  be  found  to  be  inaccurate  or  unfit  for  use,  the  chief 
inspector  or  his  deputy  shall  notify  the  party  operating  or  using 
them,  and  the  party  thus  notified  shall,  at  his  own  expense, 
thoroughly  repair  the  same  before  attempting  to  use  them,  and 
until  thus  repaired  to  the  satisfaction  of  the  inspector  or  his 
deputy,  the  certificate  of  such  party  shall  be  suspended  or  revoked, 
in  the  discretion  of  the  inspector  or  his  deputy.  The  party  receiv- 
ing such  certificate  shall  pay  to  the  chief  inspector  or  his  deputy 
a  reasonable  fee  for  such  inspection  and  certificate  to  be  fixed  by  *ee  a»  inspection 
the  commission,  which  sum  shall  be  paid  into  the  state  treasury. 
It  shall  be  the  duty  of  the  said  commission  to  see  that  the  pro- 
visions of  this  section  are  strictly  enforced. 

It  shall  be  the  duty  of  all  railroads  operating  in  this  state,  to  ^sess.  juws.  i9«, 
provide  suitable  facilities  for  the  testing  of  all  track  scales  used  " 
by  such  railroads.     The  commission  [Public  Service  Commission] 
is  hereby  authorized,  after  a  hearing,  upon  its  own  motion  andta 
after  notice  to  the  railroads  operating  in  this  state,  to  order  a 
suitable  car  or  other  device  or  facility  to  be  provided  by  the  rail- 
road companies  operating  in  this  state,  to  be  used  in  testing  the 
track  scales  used  by  such  railroads,  the  expenses  of  providing  such 
car,  device  or  facility  to  be  equitably  and  reasonably  apportioned 


to  provide 
for    testing 


Test  car  or  device 


5o8 


Laws  Concerning  Weights  and  Measures 


Fees 


stats. 
sec.  7406 


among  the  different  railroad  companies  by  the  commission.  Such 
car,  device  or  facility  shall  be  used  by  the  commission  to  test  the 
Track  scales  tested  accuracy  of  all  track  scales,  and  the  different  railroad  companies 
shall  transport  and  move  such  car,  device  or  facility  without 
charge  therefor,  to  the  different  places  designated  by  the  com- 
mission under  such  reasonable  rules  and  regulations  as  the  com- 
mission may  prescribe.  Such  car,  device  or  facility  may  be  used 
in  adjoining  states  to  test  the  scales  of  railroad  companies  and  for 
that  purpose  may  be  taken  beyond  the  limits  of  the  state  under 
such  reasonable  rules  and  regulations  for  the  due  care  and  return 
thereof  as  the  commission  may  prescribe.  The  commission  is 
hereby  authorized  to  prescribe  and  collect  a  reasonable  fee  suffi- 
cient to  cover  the  cost  and  expenses  connected  therewith  for  the 
inspection  and  testing  of  all  scales. 

ft  sna^  be  unlawful  for  any  mine  owner,  lessee,  or  operator  of 
Coal  mines  in  the  state  of  Washington  employing  miners  at  bushel 
or  ton  rates,  or  other  quantity,  to  pass  the  output  of  coal  mined 

Duty  of  owner  as  to,  ....  *..,  1        •  1  •    1        1      1  1    j     1 

having  output  of  coal  by  said  miners  over  any  screen  or  other  device  which  shall  take 
1  any  part  from  the  value  thereof  before  the  same  shall  have  been 
weighed  and  duly  credited  to  the  employee  sending  the  same  to 
the  surface,  and  accounted  for  at  the  legal  rate  of  weights  as  fixed 
by  the  laws  of  the  state  of  Washington. 

The  weighman  employed  at  any  mine  shall  subscribe  an  oath 
or  affirmation  before  a  justice  of  the  peace,  or  other  officer  author- 
ized to  administer  oaths,  to  do  justice  between  employer  and 
employee,  and  weigh  the  output  of  coal  from  the  mines  as  herein 
provided.  The  miners  employed  by  or  engaged  in  working  for 
any  mine  owner,  operator,  or  lessee,  or  (of)  any  mine  in  this  state, 
shall  have  the  privilege,  if  they  desire,  of  employing  at  their  own 
expense  a  check  weighman,  who  shall  have  like  rights,  powers,  and 
privileges  in  the  weighing  of  coal  as  the  regular  weighman,  and  be 
subject  to  the  same  oath  and  penalties  as  the  regular  weighman. 
Said  oath  or  affirmation  shall  be  kept  conspicuously  posted  in  the 
weigh  office,  and  any  weigher  of  coal,  or  any  person  so  employed, 
who  shall  knowingly  violate  any  of  the  provisions  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor  more 
than  one  hundred  dollars  for  each  offense,  or  by  imprisonment  in 
the  county  jail  for  a  period  not  to  exceed  thirty  days,  or  by  both 
such  fine  and  imprisonment,  proceedings  to  be  instituted  in  any 
court  having  jurisdiction  therein. 


Sec.  7407 
Weighman  of  coal 


Rights  of  employees 


Oath  and  penalties 


WEST  VIRGINIA 

That  the  weights,  measures  and  balances  received  by  this  State,  IIoS°de>  19°6>  ch-  S9>  p- 
under  a  resolution  of  Congress,  approved  the  fourteenth  day  of   S^l86°-  z88^ 
June,  one  thousand  eight  hundred  and  thirty-six,  and  an  act  of  ^suru&rd  weights 
Congress  approved  the  seventh  day  of  July,  eighteen  hundred  and  kept  m 
thirty-eight,  shall  be  kept  in  the  capitol,  in  a  room  to  be  assigned 
by  the  governor,  and  fitted  up  for  the  purpose  under  his  direction. 
They  shall  be  public  standards  of  weights  and  measures  in  this 
State. 

The  superintendent  of  weights  and  measures  shall  receive  for  his  (1882) 

services  such  salary  as  may  be  prescribed  by  law.1  salary706 

The  governor  and  superintendent  of  weights  and  measures  are   weights  and  meas- 


authorized,  and  they  are  hereby  directed  to  contract  for  and  have  " 
manufactured  a  sufficient  number  of  sets  of  balances,  weights  andfor 
measures,  the  measure  to  be  made  of  cast  iron,  brass  or  composi- 
tion, as  will  be  necessary  to  supply  each  county  within  this  State. 
The  said  balances,  weights  and  measures  shall  be  delivered  by  the 
contractor  at  the  office  of  the  superintendent  as  they  may  be  re- 
quired, and  shall  be  paid  for  on  the  order  of  the  governor  out  of  any 
moneys  in  the  treasury  not  otherwise  appropriated. 

Upon  the  application  of   the  county  court  of  any  county,  the   ^iiv2^  to   county 
governor  or  superintendent  of  weights  and  measures,  shall  furnish  court;  payment  for 
said  county  with  such  balances,  weights  and  measures  as  the  said 
county  court  shall  designate,  but  before  receiving  the  same  the  said 
court  shall  pay  into  the  public  treasury  the  amount  paid  by  the 
State  for  the  same. 

The  county  court  of  each  county  shall  constantly  keep  for  use   coun2t7y°9court  to  keep 
and  at  the  charge  of  such  court,  the  following  weights,  measures  HOW  kept  weights>  etc' 
and  balances,  conformable  to  the  said  standards  and  sealed  by  the    standards 
superintendent,  that  is  to  say:    Of  dry  measure,  one-half  bushel, 
one  peck,  one-half  peck;  of  wine  measure,  one  gallon,  one-half  gal- 
lon, one  quart,  one  pint,  one-half  pint,  one  gill;   one  set  of  brass 
weights  to  four  pounds,  computed  at  sixteen  ounces  to  the  pound, 
with  suitable  scales  and  steel  beam;  one  set  of  iron  weights  from  one 
pound  to  fifty  pounds  ;  of  long  measure,  one  yard  ;  and  a  set  of  Troy 

1  Ch.  18  of  the  Code,  as  it  was  prior  to  the  passage  of  acts  1897,  ch.  61,  provided  that  the  adjutant  general 
should  be  ex  officio  superintendent  of  weights  and  measures,  but  by  said  acts  1897,  ch.  61,  said  chapter  18 
was  repealed,  and  there  seems  to  be  no  provision  in  the  present  ch.  18  for  a  superintendent  of  weights 
and  measures. 

5°9 


Laws  Concerning  Weights  and  Measures 

weights  from  the  lowest  denomination  to  eight  ounces;  all  of  said 
measures,  weights  and  balances  shall  be  verified  by  the  superin- 
tendent and  sealed  by  him  in  a  durable  manner  according  to  their 
true  weights,  capacity  and  length. 

Seci  hts  and  meas      The  weights,  measures  and  balances  provided  for  each  county 
ur^e*oh%e%etfeaby  shall  be  kept  in  such  places  and  by  such  person  as  may  be  desig- 
nated by  the  county  court  of  such  county,  and  such  person  shall  be 
the  sealer  of  weights  and  measures  for  the  county. 

sec.  27"  Once  in  every  ten  years  from  the  time  at  which  they  are  first 

sealed  eve^tenTears6  sealed,  the  said  sealers  of  weights  and  measures  shall  cause  them  to 

be  tried  and  proved  by  the  said  public  standard,  under  the  direction 

of  the  superintendent,  and  sealed  by  him  anew,  and  if  any  such 

sealer  shall  fail  to  do  so,  he  shall  forfeit  one  hundred  dollars. 

(1882,1891)  Every  sealer  of  weights  and  measures  shall  at  least  once  every 

Neotice7s12  year,  advertise  in  some  convenient  newspaper,  and  put  up  notifica- 

tions in  at  least  three  public  places,  in  every  magisterial  district  of 

proving  balances  the  county,  of  the  times  and  places  when  and  where  he  will  attend 
in  said  districts  for  the  purpose  of  trying  and  proving  such  bal- 
ances, weights  and  measures  as  may  be  brought  to  him  for  that 
purpose,  or  which  have  not  been  previously  tried  or  proved  within 
three  years.  Those  which  may  be  found,  or  can  be  made  to  agree 
with  the  standards,  shall  be  corrected  or  altered  and  sealed  by  him 
accordingly,  and  he  shall  deface  and  destroy  all  such  as  do  not  and 
cannot  be  made  to  agree  therewith.  Such  sealer  shall  in  all  cases 
furnish  the  lead,  instruments  or  other  things  necessary  for  such 
correction  or  alteration  and  sealing. 

sec  2713  The  said  sealer  of  each  county  shall  once  in  every  three  years  go 

Duty  of  sealer  of  1  «•  -,1  •      i_-  £ 

county  to  the  mills,  stores  or  shops  of  every  person  within  his  county,  who 

uses  balances,  steelyards,  platform  balances,  weights  or  measures, 
for  the  purpose  of  buying  or  selling,  and  who  has  failed  for  three 
years  to  bring  or  send  them  in  at  the  times  and  places  notified  by 
him,  and  also  to  all  hay  scales,  cattle  scales,  and  platform  balances, 
kept  for  public  use,  and  there  try  and  prove  such  scales,  balances, 
steelyards,  weights  or  measures,  and  seal  or  deface  and  destroy 
them  as  may  be  proper.  In  the  cases  mentioned  in  this  section, 
Double  ices  the  sealer  of  weights  and  measures  shall,  for  such  services,  have 

double  the  amount  of  his  regular  fees.  Keepers  of  scales  for 
weighing  live  stock  and  other  ponderous  articles  shall  have  con- 
stantly on  hand  a  sealed  weight  of  not  less  than  fifty  pounds,  for 
the  purpose  of  testing  the  correctness  of  such  scales,  whenever 
required  by  any  person  desiring  to  use  the  same  for  the  purpose 
aforesaid.  Any  person  violating  this  section  shall  be  deemed 
sec.  2714  guilty  of  a  misdemeanor,  and  fined  not  exceeding  fifty  dollars. 

^sealer's  compensa-  Each  sealer  of  weights  and  measures  shall  have  five  cents  for 
every  weight  or  measure,  or  scale-beam  and  balance,  and  ten  cents 


-  West  Virginia 


for  each  steelyard  and  the  beams  and  poises  thereof,  tried,  proved, 
and  sealed  or  defaced  and  destroyed  by  him,  to  be  paid  by  the 
owners  thereof,  respectively,  for  whom  the  service  is  rendered. 
Provided,  That  such  sealer  shall  not  have  exceeding  twenty -five 
cents  for  his  regular  fees  (or  where  proper  not  exceeding  fifty  cents 
for  double  fees) ,  for  any  one  scale  and  set  of  weights,  or  for  any  one 
set  of  measures. 

The  seals  and  other  things  necessary  to  enable  them  to  perform 
their  duty,  shall  be  procured  by  the  sealers,  and  the  costs  thereof 
shall  be  a  charge  on  their  respective  counties. 

A  person  may  at  any  time  call  upon  the  sealer  of  his  county  to 
try  and  prove  the  weights  and  measures  of  such  person,  he  paying on  seal«r  t°  test 
therefor  the  regular  fees,  or  double  the  fees  if  the  service  be  ren- 
dered at  his  own  house,  store  or  shop. 

If  the  superintendent,  or  any  sealer  of  weights  and  measures 
shall  fail  to  perform  any  duty  imposed  on  him,  he  shall  forfeit 
twenty  dollars  for  each  offence. 

If  any  person  in  the  county  in  which  the  weights,  measures  and 
balances  have  been  provided  as  required  in  section  five  [2709] 
of  this  chapter,  shall  sell  or  offer  to  sell  any  commodity,  buy,  or 
keep  for  buying  and  selling,  any  scales,  balances,  steelyards, 
weights  or  measures  not  sealed  according  to  law,  he  shall  for- 
feit for  each  offence  a  sum  not  exceeding  ten  dollars. 

Once  in  every  five  years  the  director  of  each  bank  shall  have  the 
weights  used  in  such  bank  tried,  proved  and  sealed,  either  by  the^te 
superintendent  or  a  sealer  of  weights  and  measures. 

No  tender  by  any  bank  in  this  state  of  gold  weighed  with   ^.2720 

.,  111      11    11          1         /TM  •  Tender  of  gold.   How 

weights  not  so  sealed  shall  be  legal.     The  payer  to,  or  receiver  weighed 
from,  any  such  bank,  of  gold,  may  require  that  it  shall  be  weighed 
in  each  scale,  and  the  mean  weight  resulting  therefrom  shall  be 
deemed  the  true  weight. 

The  standard  weight  of  the  articles  hereinafter  named  shall  be   Sec  (*8^> i8^ 

aS  follows:1  Standard  weight 


(1882) 

Sec.  2715 
Seals 


Sec.  2716 

Any  person  may  call 


Sec.  2717 
Penalty 


Sec.  2718 
Forfeiture 


Sec.  2719 

Banks  to  have  their 


Lbs.  per  bush. 

Bituminous  coal 80 

Wheat.  .  60 


Beans 

Potatoes.  ..  . 
Clover  seed. 

Rye 

Corn... 


60 
60 
60 
56 
56 


Lbs.  per  bush. 

Flaxseed 56 

Barley 48 

Oats 32 

Buckwheat 52 

Timothy  seed 45 

Dried  peaches 33 

Dried  apples 25 


That  "  Scribner's  rule  "  for  the  measurement  of  logs,  lumber  and 
timber  of  all  kinds,  is  hereby  established  as  the  lawful  rule  in  this 
state  for  the  measurement  of  all  kinds  of  lumber,  logs  and  timber, 
unless  some  other  rule  be  agreed  to. 


(1883) 

Sec.  2722 
Timber  measure 


For  convenience  hi  printing  a  slight  change  has  been  made  in  arrangement  of  these  articles. 


512  Laws  Concerning  Weights  and  Measures 

code,  1906. PP.  176-178     it  shall  be  the  duty  of  every  corporation,  company  or  person, 
sec.  43°' 9I  engaged  in  the  business  of  mining  and  selling  coal  by  weight  or 

Scales  and  meas-        o    o  /?       »  i_        j  j_i_ 

ures-Duty  to  provide- measure,  to  procure  and  constantly  keep  on  hand  at  the  proper 
£foH%0eq8ueeaste^DutiSets  place,  the  necessary  scales  and  measures  and  whatever  else  may  be 
of  mine  inspector  necessary,  to  correctly  weigh  and  measure  the  coal  as  mined  by 
such  corporation,  company  or  person.  And  it  shall  be  the  duty 
of  the  sealer  of  weights  and  measures  for  every  county  in  which 
coal  is  so  mined  and  sold,  to  visit  each  coal  mine  operated  therein, 
and  where  such  scales  and  measures  are  kept,  at  least  once  in  each 
year  and  test  the  correctness  of  such  scales  and  measures.  The 
owner  or  operator  of  such  coal  mine,  or  any  two  or  more  of  the 
miners  working  therein,  may  in  writing  require  his  attendance  at 
the  place  where  such  scales  and  measures  are  kept,  at  other  times, 
in  order  to  test  the  correctness  thereof,  and  it  shall  be  his  duty  to 
comply  with  such  requests  as  soon  as  he  can  after  receiving  such 
request.  If  his  attendance  is  required  by  the  owner  or  operator 
of  such  mine,  or  if  by  the  miners  working  therein,  and  the  scales  or 
measures  tested  be  found  not  to  be  correct,  his  fees  shall  be  paid 
by  the  owner  or  operators,  and  if  his  attendance  be  required  by  the 
miners  and  the  scales  or  measures  tested  be  found  to  be  correct 
his  fees  shall  be  paid  by  them.  If  in  any  such  county  there  be  no 
sealer  of  weights  and  measures,  the  duties  herein  required  to  be 
done  and  performed  by  such  sealer,  shall  be  done  and  performed 
by  the  inspector  of  mines  for  the  district  of  which  such  county 
forms  a  part. 

coai4cars-consecu-     Bach  car  used  by  any  such  corporation,  company  or  person  in 
HVC  number  ing- removing  coal  from  any  coal  mine,  shall  be  numbered  by  consecu- 

Weighing— Marking  &  .  •>  ,  '  ,  ,i_  1 

weight  and  capacity  tive  numbers  plainly  marked  and  placed  and  kept  thereon  as  long 
as  such  car  is  so  used.  And  if  the  coal  from  such  mine  is  mined, 
and  the  miners  are  paid  according  to  the  weight  thereof  for  mining 
the  same,  every  such  car  so  used  shall  be  weighed  upon  such  tested 
scales,  and  the  weight  thereof  shall  be  plainly  marked  and  placed 
thereon  as  long  as  such  car  shall  be  used  as  aforesaid.  If  the 
coal  at  any  such  mine  is  mined,  and  the  miners  thereof  are  paid 
for  mining  the  same  by  measure,  the  number  of  bushels  of  coal 
such  car  will  hold  when  loaded  to  its  capacity,  shall  also  be  plainly 
marked,  and  placed  and  kept  thereon  as  long  as  such  car  is  so  used 
as  aforesaid.  And  no  car  shall  be  used  for  the  purpose  aforesaid, 
after  ninety  days  from  the  time  this  act  takes  effect,  until  the  pro- 
visions of  this  section  are  complied  with. 
coa'i4^  be  weighed  All  coal  so  mined  and  paid  for  by  weight  shall  be  weighed  in  the 

(orr™lcrseuernmgncarsbe" car  m  which  it  is  removed  from  the  mine  before  it  is  screened,  and 
shall  be  paid  for  according  to  the  weight  so  ascertained,  at  such 
price  per  ton  as  may  be  agreed  on  by  such  owner  or  operator  and 


West  Virginia  513 

the  miners  who  mined  the  same.  And  coal  mined  and  paid  for  by 
measure,  shall  be  paid  for  according  to  the  number  of  bushels 
marked  upon  each  car  in  which  it  is  removed  from  the  mine,  before 
it  is  screened,  and  the  price  paid  for  each  bushel  so  ascertained  shall 
be  such  as  may  be  agreed  on  as  aforesaid. 

In  any  county  in  which  the  mine  inspector  is  required  to  act  as   sec  434 

,  .         J        ,  .        -j      ,,  £  1      11    r          •   ,       Duties  of  mine   in- 

herein  mentioned,  the  county  court  of  such  county  shall  furnish spectors— Duty  of  oper- 

him  with  whatever  is  necessary  to  enable  him  to  discharge  h 

duties,  if  such  court  has  procured  the  weights  and  measures  an(jandmeasure3 

balances  provided  for  by  Chapter  fifty-nine  of  the  Code  of  West 

Virginia;  and  if  not,  the  state  sealer  of  weights  and  measures 

shall  furnish  him  with  whatever  may  be  necessary  to  enable  him 

to  discharge  the  duties  hereby  required  of  him,  and  the  things 

so  furnished  him,  in  either  case,  shall  be  returned  by  him  to  the 

person  from  whom  he  received  them  as  soon  as  possible  after  he 

has  performed  the  duties  for  which  he  received  them.     But  it  shall 

be  the  duty  of  every  corporation,  company  or  person  so  engaged 

in  the  business  of  mining  coal,  to  procure  and  constantly  keep  on 

hand  a  sealed  weight  of  at  least  fifty  pounds,  and  a  sealed  measure 

of  at  least  one  bushel,  to  be  used  for  the  purposes  of  this  act. 

Any  corporation,  company  or  person  violating  any  of  the  pro- 
visions  of  this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  for  each  offense,  be  fined  not  less  than  twenty- 
five  dollars  and  not  more  than  five  hundred  dollars.  And  the 
officer,  agent  or  employees  of  the  corporation  or  company 
whose  duty  it  was  to  do  or  to  perform  the  act,  or  to  cause  it  to  be 
done  and  performed,  which  is  the  subject  of  the  indictment,  may 
be  indicted  jointly,  with  said  corporation  or  company,  and  upon 
conviction  thereof,  in  the  discretion  of  the  court,  he  may  be  im- 
prisoned in  the  county  jail  not  less  than  ten  nor  more  than  sixty 
days. 

This  act  shall  not  apply  to  any  corporation,  company  or  person   ^«6to  whlch  act 
owning  or  operating  a  coal  mine  in  which  less  than  ten  miners  are  ^  applicable 
employed. 

Where  the  amount  of  wages  paid  to  any  of  the  persons  employed   weighs  of  certain 
in  any  manufacturing,   mining,   or    otherwise  public  enterprise  Products  provided  for 
employing  labor,  depend  upon  the  amount  produced  by  weight  or 
measure,  the  persons  so  employed  may,  at  their  own  cost,  station 
or  appoint  at  each  place  appointed  for  the  weighing  or  measuring 
of  the  products  of  their  labor  a  check  weighman  or  measurer,  who 
shall  in  all  cases  be  appointed  by  a  majority  ballot  of  the  work- 
men employed  at  the  works  where  he  is  appointed  to  act  as  such 
check-weighman  or  measurer. 

8578°— 12 33 


514  Laws  Concerning  Weights  and  Measures 

faw^'p  sn  c  a  b  i  e     This  act  shall  apply  to  all  weights,  balances,  steelyards,  and  weigh- 
in  what  case  mg  machines  and  measures  used  in  any  factory,  mine,  mill  or  other- 
wise industrial  concerns,  for  determining  the  wages  payable  to  any 
person  employed  according  to  the  mineral  or  otherwise  products 
produced  by  them  through  their  labors. 

^code,  1906,  ch.  47.  P.      28.  The  Council  of  such  city,  town  or  village,  shall  have  plenary 
sec.  1868.  power  and  authority  therein     *     *     *     to  regulate  and  provide 

Powers  and  duties  of  £  .  /  i  j  r  i      • 

council  for  the  weighing  of  hay,  coal  and  other  articles  sold  or  for  sale  in 

the  city,  town  or  village;    *    *     *. 


WISCONSIN 

The  weights  and  measures  and  the  scales  and  beams,  received  hsta£s-'  l898>  vol>  '• 

°  cn.  70,  p.  1195 

from  the  United  States  under  a  resolution  of  congress,  approved   sec.  i658, as  amended 
, i_  i  .  ,  ,  j       i    by Laws-  I9"' ch-  566, 

June  1 4th,  1836,  and  such  new  weights  and  measures  and  scales  sec^ 

and  beams  in  addition  thereto  or  in  renewal  thereof,  and  such  as 
shall  be  made  under  the  direction  of  the  new  state  superintendent 
of  weights  and  measures  in  conformity  therewith,  and  certified  to 
by  the  national  bureau  of  standards,  shall  be  the  state  standards. 

1.  The  dairy  and  food  commissioner   shall  be   ex-officio  state    sec.  1659,  as  amended 
superintendent  of  weights   and  measures.     The  superintendent  S.^aws>  I9 

may  appoint,  subject  to  the  rules  of  the  state  civil  service  com-0iSwefght"pSdtemtIs- 

mission  a  chief  inspector  of  weights  and  measures,  who  shall  urchief  inspector,  sai- 

receive  an  annual  compensation  of  sixteen  hundred  dollars,  andaryof 

necessary  traveling  expenses,  and  one  stenographer  for  the  office 

of  weights  and  measures,  with  an  annual  salary  of  twelve  hundred 

dollars.     The  dairy  and  food  commissioner  may  appoint  not  more 

than  five  additional  dairy  and  food  inspectors,  at  a  salary  of  not 

to  exceed  twelve  hundred  dollars  per  year  and  necessary  traveling 

expenses. 

2.  He  shall  take  charge  of  the  standards  adopted  by  section   Duties  «>'  chief  in- 
1658  as  the  standards  of  the  state;  cause  them  to  be  kept  in  a** 
fire-proof  building  belonging  to  the  state,  from  which  they  shall 

not  be  removed  except  for  repairs  or  for  certification;  and  take 
all  other  necessary  precautions  for  their  safe-keeping.  He  shall 
maintain  the  state  standards  in  good  order  and  shall  submit  them 
once  in  ten  years  to  the  national  bureau  of  standards  for  certifi- 
cation. He  shall  keep  a  seal  which  shall  be  so  formed  as  to 
impress  the  letters  "  Wis.  "  upon  the  weights  and  measures,  scales, 
and  beams  sealed  by  him,  and  he  shall  correct  the  standards  of 
the  several  cities,  and  as  often  as  once  in  five  years,  compare  the 
same  with  those  in  his  possession,  and  shall  seal  the  same  when 
tried  and  proved  to  be  in  conformity  to  the  state  standards. 

3.  He  shall  have  and  keep  a  general  supervision  of  the  weights   £utiesof 

j  .    «_•  *       .  - &  ,          Keep  general  super- 

and  measures  and  the  weighing  and  measuring  devices  of  thevlsion 

state,  and  in  use  in  the  state.     He  or  his  inspectors  by  his  direc-    Test  standards,  when 

tions  shall,  upon  the  written  request  of  any  citizen,  firm,  or  cor- 


5i 6  Laws  Concerning  Weights  and  Measures 

poration,  or  educational  institution  of  the  state,  test  or  calibrate 
weights,   measures,  weighing  or  measuring  devices,  and  instru- 
ments or  apparatus  used  as  standards  in  this  state. 
TO  test  weights,  etc.,      .    He,  or  his  inspectors  by  his  direction,  shall  at  least  once 

under  control  of  State  .    -f  ,  1    «          i        <  • 

board,  when  annually  test  all  scales,  weights,  and  measures  used  in  checking 

the  receipt  or  disbursement  of  supplies  in  every  institution  under 

TO  report  findings  the  jurisdiction  of  the  state  board  of  control.  And  he  shall  report 
in  writing  his  findings  to  such  board  of  control  and  to  the  execu- 

speciauieputies,  ap-  tive  officer  of  the  institution  concerned ;  and  at  the  request  of 
such  officer,  the  superintendent  of  weights  and  measures  shall 
appoint  in  writing  one  or  more  employees,  then  in  the  actual 
service  of  such  institution,  who  shall  act  as  special  deputies  for 
the  purpose  of  checking  the  receipt  and  disbursement  of  supplies. 

TO  keep  record  oi      c    He  shall  keep  a  complete  record  of  the  standards,  balances, 

State  standards  1,1  1,1-  Ai_  j    A    1  •     ^    r 

and  other  apparatus  belonging  to  the  state  and  take  receipt  for 
TO  report  to  governor,  Same  from  his  successor  in  office.     He  shall  annually,  during  the 

second  week  of  January,  make  to  the  governor  a  report  of  the 
TO  inspect  city  stand- work  done  by  his  office.     The  state  superintendent,  or  his  deputy 

or  inspectors  by  his  direction,  shall  inspect  all  the  standards  used 

by  the  cities  at  least  once  in  each  two  years  and  shall  keep  a  record 

of  the  same. 
Duties  of  6.  He,  or  his  inspectors  by  his  direction,  shall  at  least  once  in 

each  two  years  visit  the  various  cities  of  the  state  in  order  to 
TO  inspect  work  of  io-  inspect  the  work  of  the  local  sealers;  and  in  the  performance  of 

4          «  *  4  !••  i  1     •  i  •  •  • 

May  make  inspec- such  duties,  he  or  his  inspectors  by  his  direction  may  inspect  the 
res,  etc.  weights,  measures,  balances,  or  any  weight  or  measuring  appli- 
ance of  any  person,  firm,  or  corporation  and  shall  have  the  same 

superintendent  shaii  powers  as  the  local  sealer  of  weights  and  measures.  The  super- 
intendent of  weights  and  measures  shall  issue  from  time  to  time, 
regulations  for  the  guidance  of  all  sealers,  and  the  said  regulations 
shall  govern  the  procedure  to  be  followed  by  the  aforesaid  officers 

shaii  prescribe  toi- in  the  discharge  of  their  duties.  In  said  regulations  he  shall  pre- 
scribe the  amount  of  tolerance  to  be  allowed. 

office  and  supplies,  7.  He  shall  be  provided  with  necessary  postage  and  shall  be 
provided  by  the  superintendent  of  public  property  with  a  suitable 
room  or  rooms,  necessary  office  and  laboratory  furniture  and 
appliances,  supplies,  stationery,  books,  and  periodicals. 

sec.  1660.  as  amended     The  common  council  of  each  city  appointing  a  sealer  under 

by  Laws,  loii.ch.  566  ,•  /••/-          1      11  .L-I  e    .  i >  •.  1       1      11 

cities  appoint  ing  section  1 66 1  shall  procure  at  the  expense  of  the  city  and  shall 
d"keep  at  all  times  a  complete  set  of  weights  and  measures,  scales, 
and  beams  in  exact  conformity  to  the  state  standards,  except  that 
they  may  be  made  of  such  materials  as  the  superintendent  of 
weights  and  measures  may  direct;  all  such  weights  and  measures, 
scales,  and  beams  having  been  tried  and  accurately  proved  by 
him  shall  be  sealed  and  certified  to  by  the  state  superintendent  of 


Wisconsin  517 

weights  and  measures,  and  shall  then  be  deposited  with  and  pre- 
served by  the  city  sealer  as  public  standards.  Whenever  the  t*°£vtj?  to  Provjde 

-i       r  1        •  1      11  1  c          •  standards 

common  council  of  such  city  shall  neglect  for  six  months  so  to  do, 
the  city  clerk,  on  notification  and  request  by  the  superintendent 
of  weights  and  measures,  shall  provide  such  standards  and  cause 
the  same  to  be  so  tried,  proved,  sealed,  certified,  and  deposited  at 
the  expense  of  the  city. 

1 .  There  shall  be  a  city  sealer  of  weights  and  measures  in  all  cities .  s?0-  I66l>  as  amended 

e  /-.  1-11-  1     by  laws,  1911,  ch.  566 

having  a  population  of  more  than  five  thousand  inhabitants  accord-    AII  cities  of  5,000  to 

ing  to  the  last  official  state  or  United  States  census,  who  shall  be   HOW  appointed 

appointed  by  the  mayor  from  a  list  to  be  furnished  by  the  state  or 

local  civil  service  board  and  under  the  rules  of  said  board.     He  shall    salary 

be  paid  a  salary  to  be  fixed  by  the  board  or  body  authorized  to 

fix  the  salaries  of  city  officials,  and  shall  be  provided  with  suitable 

office  quarters  in  said  city,  and  no  fees  shall  be  charged  by  him   NO  fees  to  be  charged 

or  by  the  city  for  inspection  or  testing  of  weights,  measures,  or 

weighing  or  measuring  devices. 

2.  Where  not  otherwise  provided  by  law,  the  city  sealer  shall    O""680* 
within  his  city  inspect,  test,  try,  and  ascertain  if  they  are  correct, 

all  weights,  scales,  beams,  measures  of  every  kind,  instruments,  or 
mechanical  devices  for  measurement,  and  tools,  appliances,  or 
accessories  connected  with  any  or  all  such  instruments  or  measure- 
ments, used  or  employed  within  the  city  by  any  proprietor,  agent, 
lessee,  or  employee  in  determining  the  size,  quantity,  extent,  area, 
or  measurement  of  quantities,  things,  produce,  articles  for  distribu- 
tion, or  consumption,  offered  or  submitted  by  such  person  or  persons 
for  sale,  for  hire,  or  award. 

3.  He  shall,  at  least  once  in  each  year  or  as  much  oftener  as  hespjjj™ake  annual  to- 
may  deem  necessary,  see  that  all  weights,  measures,  and  weighing 

and  measuring  apparatus  used  in  the  city  are  correct.  He  may  for  Authority 
the  purpose  above  mentioned,  and  in  the  general  performances  of  his 
official  duties,  with  or  without  formal  warrant,  enter  or  go  in  or 
upon  any  stand,  place,  building,  or  premises;  or  may  stop  any 
vendor,  peddler,  junk  dealer,  coal  wagon,  ice  wagon,  or  any  dealer 
whatsoever,  for  the  purpose  of  making  the  proper  tests. 

4.  Whenever  the  city  sealer  finds  a  violation  of  the  statutes    sealer  to  cause  prose- 
relating  to  weights  and  measures,  he  shall  cause  the  violator  to  be 
prosecuted.     Whenever  the  sealer  compares  weights  and  measures 

and  finds  that  they  correspond  or  causes  them  to  correspond  with 
the  standards  in  his  possession,  he  shall  seal  or  mark  the  same  with 
appropriate  devices  to  be  approved  by  the  state  superintendent  of 
weights  and  measures.  The  sealer  shall  condemn  and  seize  and  TO  seize  weights, 

.    ,  ,  .    1  .  measures,  etc.,  when 

may  destroy  incorrect  weights  and  measures  and  weighing  or 
measuring  instruments  which  can  not  be  repaired ;  and  such  as  are 
incorrect  and  yet  may  be  repaired,  he  shall  mark  or  tag  as  "con- 


518  Laws  Concerning  Weights  and  Measures 

demned  for  repairs"  in  a  manner  prescribed  by  the  state  superin- 
tendent of  weights  and  measures. 
TO  keep  record  of      ,-    f^g  cftv  sealer  shall  keep  a  complete  record  of  the  work  done 

work  done  •*'  '     J  ,     A  ...  j 

Report  to  mayor,  and  by  him  and  shall  make  an  annual  report  to  the  mayor,  and  an 
nt  annual  report  duly  sworn  to,  not  later  than  the  first  of  December 
to  the  state  superintendent  of  weights  and  measures. 

sealer  to  give  bond  5  f  fa  cfty  seaier  of  weights  and  measures  shall  forthwith  on  his 
appointment  give  a  bond,  with  sureties  to  be  approved  by  the 
appointing  power,  for  the  faithful  performance  of  the  duties  of  his 
office  and  for  the  safety  of  the  local  standards  and  appliances  for 
verification  as  are  committed  to  his  charge  and  for  the  surrender 
thereof  immediately  to  his  successor  in  office  or  to  the  person 
appointed  by  the  proper  authority  to  receive  them. 

ewes  not  prohibited     ~    Nothing  contained  in  sections  1658  to  i67oa,  inclusive,  shall 

from  e  n  f  o  r  c  1  n  g  or-        '  ,„.,..          . , .  <   .  .-,  •    .  <•    ,  i  • 

dinances,  when  not  in  be  construed  as  prohibiting  cities  subject  to  the  provision  of  this 
section  from  enforcing  ordinances  regulating  weights  and  measures, 
heretofore  or  hereafter  enacted  not  in  conflict  with  said  sections  or 
the  regulations  of  the  superintendent  of  weights  and  measures 
issued  in  pursuance  thereof, 
sec.  1662,  as  enacted  jn  Q\\  territory  within  this  state,  except  cities  subject  to  the  pro- 

by  Laws,  19",  ch.  566,      ..  .-  .-,•  <•  •    i  .  j 

sec. 3  {  ealers  visions  of  section  1661,  the  inspectors  of  weights  and  measures 
whoxshanbese  s>  appointed  under  subsection  i  of  section  1659  and  such  assistant 
dairy  and  food  commissioners  and  such  cheese  factory,  dairy  and 
food  inspectors,  and  such  creamery  and  dairy  and  food  inspectors 
as  may  from  time  to  time  be  designated  by  the  superintendent  of 
weights  and  measures  shall  act,  ex  officio,  as  sealers  of  weights  and 
measures,  with  like  authority,  powers,  and  duties  as  prescribed  for 
city  sealers  in  subsections  2  to  5,  inclusive,  of  section  1661. 
teaier^3  liability  If  any  sealer  of  weights  and  measures  shall  neglect  to  perform 
any  duty  imposed  by  law  or  shall  prove  and  seal  any  weight,  meas- 
ure, scale  or  beam  by  any  public  standard  which  shall  not  have  been 
tried,  proved  and  sealed  as  prescribed  by  this  chapter  he  shall 
forfeit  for  each  such  offense  ten  dollars. 

by^awf  4i9ii  ^hC566      l-  There  is  hereby  conferred  upon  the  state  superintendent  of 
police  'powers  con-  weights  and  measures,  his  inspectors,  and  all  sealers  of  weights  and 

ferred  upon    state  su-          °  11 

Tectors'and1'  n*"8  ft'  measures>  police  power ;  they  shall  be  provided  by  the  superin- 
tendent of  weights  and  measures  with  suitable  badges  or  insignia 
of  authority  and  in  the  exercise  of  their  functions  shall  exhibit  the 
same,  upon  demand,  to  any  person  questioning  their  powers,  and 
they  are  hereby  empowered  and  authorized  to  make  arrests,  with 
or  without  formal  warrant,  of  any  person  or  persons  violating  the 
provisions  of  any  statute  relating  to  weights  and  measures. 

orI™tadeermgnweightl      2*  Whoever  in  any  manner  whatsoever  impersonates  or  hinders 
and  measures  officials  the  state  superintendent  of  weights  and  measures  or  any  inspector 

Penalty  for  ,  r  .  j  r          . 

or  any  sealer  of  weights  and  measures,  in  the  performance  of  their 


Wisconsin  519 

official  duties  shall  be  punished  by  a  fine  of  not  less  than  ten  nor 
more  than  one  hundred  dollars. 

1 .  Whenever  any  of  the  articles  or  commodities  mentioned  in  ^/^  iSrsTw^t 
this  section  shall  be  sold  by  the  bushel,  or  fractional  part  thereof,  $6eight8   ^  bushe, 
and  no  special  agreement  as  to  weight  thereof  made  shall  be  made  commodities0"*601  °! 
in  writing,  the  measure  thereof  shall  be  ascertained  by  avoirdupois 

weight,  and  shall  be  computed  as  follows: 

2.  Sixty  pounds  for  a  bushel  of  wheat,  peas,  potatoes,  clover 
seed,  or  beans; 

3.  Fifty-seven  pounds  for  a  bushel  of  onions; 

4.  Fifty-six  pounds  for  a  bushel  of  Indian  corn,  rye,  lima  beans, 
wrinkled  peas,  flax-seed,  rutabagas,  or  tomatoes; 

5.  Fifty-four  pounds  for  a  bushel  of  sweet  potatoes; 

6.  Fifty  pounds  for  a  bushel  of  corn  meal,  rape  seed,  millet  seed, 
beets,   green  cucumbers,   apples,  rye  meal,  carrots,  buckwheat, 
hickory  nuts,  or  fine  salt; 

7.  Forty-eight  pounds  for  a  bushel  of  barley  or  Hungarian  grass 
seed; 

8.  Fourteen  pounds  for  a  bushel  of  blue  grass  seed  or  red  top 
seed; 

9.  Forty-six  pounds  for  a  bushel  of  castor  beans; 

10.  Forty-five  pounds  for  a  bushel  of  timothy  seed  or  rough  rice; 

1 1 .  Forty-four  pounds  for  a  bushel  of  hemp  seed,  parsnips,  or 
sea  island  cotton  seed; 

12.  Forty-two  pounds  for  a  bushel  of  turnips; 

13.  Thirty-five  pounds  for  a  bushel  of  cranberries; 

14.  Thirty-four  pounds  for  a  bushel  of  barley  malt ; 

15.  Thirty-three  pounds  for  a  bushel  of  dried  peaches; 

1 6.  Thirty-two  pounds  for  a  bushel  of  oats; 

17.  Thirty  pounds  for  a  bushel  of  upland  cotton  seed; 

1 8.  Twenty-five  pounds  for  a  bushel  of  dried  apples; 

19.  Twenty  pounds  for  a  bushel  of  bran  or  shorts; 

20.  Seventy  pounds  for  a  bushel  of  coarse  salt  or  lime; 

2 1 .  Eighty  pounds  for  a  bushel  of  unslaked  lime. 

22.  Eight  pounds  for  a  bushel  of  plastering  hair; 

23.  And  two  thousand  two  hundred  pounds  for  a  cord  of  hemlock 
bark; 

24.  For  a  fractional  part  of  a  bushel  a  like  fractional  part  of  the 
above  weights  shall  be  required. 

25.  All  dry  commodities  not  otherwise  specified  in  this  act  shall £*  scoid?*he°nd " 
be  bought  or  sold  only  by  standard  dry  measures,  standard  weight, 

or  numerical  count  except  where  parties  otherwise  agree  in  writing. 

The  bushel  in  struck  measure  shall  contain  two  thousand  one   sec.  1666,  as  amend- 

~-  ,     .  n  1  ATM_       i_    i.cec*  "Y  Laws,  1911,  en. 

hundred  fifty  and  forty-two  hundreths  cubic  inches.     1  he  hair  S66 

.     •{  rj          m    ••  t    •  -A.  j.1  Struck  measure, 

bushel  and  the  parts  thereof  shall  correspond  in  capacity  to  that  bushel  and  parts 
of  the  bushel  and  shall  be  the  standard  measure  for  fruits,  vege-  thnow  sued 


520  Laws  Concerning  Weights  and  Measures 

tables,  and  other  dry  commodities  customarily  sold  by  heaped 
measure ;  and  measuring  such  commodities,  the  half  bushel  or  other 
smaller  measure  shall  be  heaped  as  high  as  may  be  without  special 
effort  or  design, 
sec.  i666a,  as  enacted      j    gottles  used  for  the  sale  of  milk  and  cream  shall  be  of  the 

by  Laws,  1911,  en.  566,  .  •     j.     i_    ir       •     j 

sViik  bottles  ca  acity  caPacity  of  half  gallon>  three  Pmts>  one  quart,  one  pint,  half  pint, 
of    '  '   one  gill,  filled  full  to  the  bottom  of  the  lip.     The  following  varia- 

Botteiesntoebe  marked,  tions  on  individual  bottles  or  jars  may  be  allowed,  but  the  average 
contents  of  not  less  than  twenty-five  bottles  selected  at  random 
from  at  least  four  times  the  number  tested  must  not  be  in  error  by 
more  than  one-quarter  of  the  tolerances :  six  drams  above  and  six 
drams  below  on  the  half  gallon;  five  drams  above  and  five  drams 
below  on  the  three-pint;  four  drams  above  and  four  drams  below 
on  the  quart;  three  drams  above  and  three  drams  below  on  the 
pint;  two  drams  above  and  two  drams  below  on  the  half  pint;  two 
drams  above  and  two  drams  below  on  the  gill.  Bottles  or  jars 
used  for  the  sale  of  milk  shall  have  clearly  blown  or  otherwise 
permanently  marked  in  the  side  of  the  bottle,  the  capacity  of  the 
bottle  and  the  word  "Sealed"  and  in  the  side  or  bottom  of  the 
bottle  the  name,  initials  or  the  trade  mark  of  the  manufacturer  and 
designating  number,  which  designating  number  shall  be  different 
for  each  manufacturer  and  may  be  used  in  identifying  the  bottles. 
The  designating  number  shall  be  furnished  by  the  state  superin- 
tendent of  weights  and  measures  upon  application  by  the  manu- 
facturer, and  upon  filing  by  the  manufacturer  of  a  bond  in  the  sum 
of  one  thousand  dollars  v  with  sureties  to  be  approved  by  the 
attorney  general,  conditioned  upon  their  conformance  with  the 
requirements  of  this  section.  A  record  of  the  bonds  furnished,  the 
designating  numbers,  and  to  whom  furnished,  shall  be  kept  in  the 
office  of  the  superintendent  of  weights  and  measures. 

wtoskeMdSffi      2-  Any  manufacturer  who  sells  milk  or  cream  bottles  to  be  used 
penalty  for  '  m  this  state  that  do  not  comply  as  to  size  and  markings  with  the 

provisions  of  this  section  shall  suffer  the  penalty  of  five  hundred 
dollars,  to  be  recovered  by  the  attorney  general  in  an  action 
against  the  offender's  bondsmen,  to  be  brought  in  the  name  of  the 
people  of  the  state.  Any  dealer  who  uses,  for  the  purpose  of  selling 
milk  or  cream,  jars  or  bottles  purchased  after  this  law  takes  effect 
that  do  not  comply  with  the  requirements  of  this  section  as  to 
markings  and  capacity,  shall  be  deemed  guilty  of  using  false  or 
insufficient  measure. 

to  sttlte  bottles  ro?UjS     3-  Sealers  of  weights  and  measures  are  not  required  to  seal 

when  '  bottles  or  jars  for  milk  or  cream  marked  as  in  this  section  provided, 

but  they  shall  from  time  to  time  make  tests,  on  individual  bottles 

used  by  the  various  firms  in  the  territory  over  which  they  have 

jurisdiction,  in  order  to  ascertain  whether  the  above  provisions  are 


Wisconsin  521 

being  complied  with,  and  they  shall  report  violations  found  imme- 
diately to  the  superintendent  of  weights  and  measures. 

It  shall  be  unlawful  to  sell  or  offer  to  sell  in  this  state  any  coal^^^f'^S 
charcoal,  or  coke  in  any  other  manner  than  by  weight.  No  person,  M^J  weight'1*  sold 
firm,  or  corporation  shall  deliver  any  coal,  charcoal,  or  coke  with-  Delivery  ticket 
out  each  such  delivery  being  accompanied  by  a  delivering  ticket 
and  a  duplicate  thereof,  on  each  of  which  shall  be  in  ink,  or  other 
indelible  substance,  distinctly  expressed  in  pounds,  the  gross 
weight  of  the  load,  the  tare  of  the  delivery  vehicle,  and  the  quan- 
tity, or  quantities  of  coal,  charcoal,  or  coke,  contained  in  the  cart, 
wagon,  or  other  vehicle  used  in  such  deliveries,  with  the  name  of 
the  purchaser  thereof,  and  the  name  of  the  dealer  from  whom  pur- 
chased. One  of  these  tickets  shall  be  surrendered  to  the  sealer  of 
weights  and  measures  upon  his  demand,  for  his  inspection,  and  this 
ticket  or  weight  slip  issued  by  the  sealer  when  the  sealer  desires  to 
retain  the  original  shall  be  delivered  to  said  purchaser  of  said  coal, 
or  his  agent  or  representative,  at  the  time  of  the  delivery  of  the 
fuel;  and  the  other  ticket  shall  be  retained  by  the  seller  of  the  fuel. 
When  the  buyer  carries  away  the  purchase,  a  delivery  ticket  show- 
ing the  actual  number  of  pounds  delivered  over  to  the  purchaser 
must  be  given  to  the  purchaser  at  the  time  the  sale  is  made. 

When  any  commodity  shall  be  sold  by  the  hundred  weight  it    seJ'S? '  '*' 
shall  be  understood  to  mean  the  net  weight  of  one  hundred  pounds  tor?UI 
avoirdupois,  and  all  contracts  concerning  goods  or  commodities 
sold  by  weight  shall  be  construed  accordingly  unless  such  con- 
struction would  be  manifestly  inconsistent  with  the  special  agree- 
ment of  the  parties  contracting.     When  any  commodity  is  sold  by    special  agreements 
the  ton  it  shall  be  understood  to  mean  the  net  weight  of  twenty 
hundred  avoirdupois  pounds  unless  such  construction  would  be 
manifestly  inconsistent  with  the  special  agreement  of  the  parties 
contracting. 

1.  A  barrel  shall  contain  thirty-one  and  one-half  gallons,  andedsec.i668o,aswnend- 

the  hogshead  two  barrels;  s1jas£iLi hogshead! 

2.  A  liquid  gallon,  two  hundred  thirty-one  cubic  inches;  capacity  of 

3.  A  barrel  of  flour  measured  by  weight  shall  contain  one   Barreu  of  flour 
hundred  ninety-six  pounds; 

4.  A  barrel  of  potatoes,  one  hundred  and  seventy-two  pounds.      ~°f  p°tetoes 

5.  A  barrel  of  unslaked  lime,  two  hundred  pounds.  -of  unslaked  ume 

6.  The  standard  barrel  for  apples  or  pears  or  other  fruit,  unless   -for  fruit,  etc. 
otherwise  specifically  defined,  shall  have  an  interior  capacity  of 

seven  thousand  and  fifty-six  cubic  inches,  and  shall  not  be  less  than 
twenty-six  inches  between  the  heads  inside;  the  diameter  of  the 
heads  shall  be  seventeen  and  one-eighth  inches,  including  the 
beveled  edge;  the  outside  bilge  or  circumference  shall  be  not  less 
than  sixty-four  inches,  the  thickness  of  the  staves  being  four-tenths 


Laws  Concerning  Weights  and  Measures 

of  an  inch;  provided,  however,  that  any  barrel  of  a  different  form 
but  of  an  interior  capacity  of  seven  thousand  and  fifty-six  cubic 
inches  shall  be  a  legal  barrel. 

—ior  cranberries  y>  The  standard  barrel  for  cranberries  shall  measure  not  less 
than  twenty-five  and  one-quarter  inches  between  the  heads  inside; 
the  diameter  of  the  head  shall  be  sixteen  and  one  quarter  inches, 
including  the  beveled  edge;  the  outside  bilge,  or  circumference, 
shall  measure  not  less  than  fifty-eight  and  one-half  inches,  the 
thickness  of  the  staves  being  four-tenths  of  an  inch.  But  any 
barrel  of  different  form,  but  of  the  same  interior  capacity  shall  be 
considered  a  legal  barrel. 

crate  tor  fruit  g<  A  bushel  crate  for  apples,  pears,  plums,  peaches,  and  other 

fruits  not  secondarily  contained  in  quart  or  other  boxes  within 
such  crate,  shall  have  an  interior  capacity  of  one  bushel  heap 
measure. 

Bushel  crate  foreran-     g    A  bushel  crate  of  cranberries  or  blueberries  shall  have  an 

berries  or  blueberries        -*     .  111  i 

interior  capacity  of  one  bushel  struck  measure. 

tu^^than11  aesb2sheu      IO-  All  sales  of  blackberries,  blueberries,  cranberries,  currants,' 
tow  sow  'gooseberries,  raspberries,  cherries,  strawberries,  and  similar  berries 

in  packages  of  less  than  one  bushel  shall  be  by  the  quart,  pint,  or 
half-pint  dry  measure,  and  all  berry  boxes  sold,  used,  or  offered 
for  sale  within  the  state  shall  be  of  the  interior  capacity  of  not  less 
Penalty  tor  violation   than  one  quart,  pint,  or  half  pint  dry  measure.     Any  person 
violating  the  provisions  of  this  paragraph  shall  be  punished  by  a 
fine  of  not  less  than  five  nor  more  than  fifty  dollars  and  by  con- 
fiscation of  the  illegal  boxes  or  packages  and  of  the  fruit   therein 
contained. 
Apple  and  cranberry      i  j .  Hvery  manufacturer  of  apple  barrels  or  cranberry  barrels 

barrels,  how  marked       ,      „  J  .  *'*"  ,,        J    ,  i 

shall  stamp  or  brand  his  name  with  the  letters  W.  S.  on  the  out- 
side in  plain  and  conspicuous  letters,  at  least  two  inches  in  height) 
to  indicate  that  such  barrel  is  of  the  Wisconsin  standard  size  of 
barrel. 

iryfpeMttyforSuseapac"  I2-  Any  person  selling  apples,  pears,  cranberries,  or  other  fruit? 
in  barrels  of  less  capacity  than  is  herein  provided  for  shall  be  liable 
to  the  purchaser  in  damages  for  three  times  the  amount  of  the 
shortage  therein;  and  any  person  who  shall  stamp  or  brand  any, 
such  barrel  of  less  capacity  than  is  herein  prescribed,  with  the 
letters  "W.  S."  shall  forfeit  not  less  than  five,  nor  more  than 
twenty-five  dollars  for  each  offense. 

struedtracts'  how  con"  J3-  All  contracts  for  the  sale  of  apples,  pears,  cranberries ,' or 
other  fruits  by  the  barrel  or  crate,  unless  it  is  otherwise  expressly 
stipulated  shall  be  construed  to  mean  barrels  or  crates  of  the 
capacity  herein  prescribed. 

T4-  It  shall  be  and  is  hereby  declared  unlawful  for  any  person  or 
persons  to  bring,  transport,  or  convey  into  the  state,  or  to  sell,  offer 
to  sell,  or  otherwise  dispose  of  for  profit,  any  apples,  pears,  plums, 


Wisconsin 


523 


blackberries,  blueberries,  cherries,  cranberries,  gooseberries,  rasp- 
berries, strawberries,  or  other  fruits,  except  the  first  sale  within 
the  state  in  the  original  packages,  unless  the  crates,  boxes,  barrels, 
or  packages  wherein  the  same  are  contained  shall  be  of  the  full 
interior  capacity  required  for  sale  in  the  state  to  comply  with  all 
the  provisions  of  this  section  as  fully  and  completely  as  if  the  said 
packages  had  been  packed  f  and  the  said  fruit  grown  in  Wisconsin. 
Any  person  violating  the  provision  of  this  paragraph  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  nor  more  than  fifty 
dollars  and  by  confiscation  of  the  illegal  crates,  boxes,  barrels,  or 
packages  and  of  the  fruit  therein  contained. 

The  standard  size  of  boxes  used  for  picking  hops  shall  be  not 
exceeding  three  feet  long,  one  and  one-half  feet  wide  and  two  feet 
deep,  inside  measure. 

No  person  shall  sell,  buy  or  receive  in  store  any  grain  at  any 
weight  or  measure  per  bushel  other  than  the  standard  weight  or 
measure  per  bushel  fixed  by  law  ;  and  for  any  violation  hereof  the 
offender  shall  forfeit  not  less  than  five  nor  more  than  fifty  dollars. 

No  person  shall  determine  the  grade  of  any  grain  which  is 
bought  or  received  in  store  at  any  mill,  elevator,  warehouse  or 
storehouse  by  the  use  of  any  grain  tester  that  is  not  sealed  in 
accordance  with  the  United  States  standard  of  measure  and  which 
sealer  is  not  in  accordance  therewith  at  the  time  it  is  used.  When 
grain  is  tested  at  the  instance  of  the  seller  the  tester  shall  be  filled 
by  pouring  the  grain  into  it  from  a  scoop  or  a  similar  vessel,  and 
when  the  tester  is  filled  it  shall  be  struck  or  leveled  with  three 
zigzag  movements  of  a  straight  edge.  Any  person  who  shall 
violate  the  provisions  of  this  section  and  thereby  cheat  or  defraud 
the  seller  or  buyer  of  any  grain  shall  be  punished  as  is  provided  in 
section  4432. 

Except  as  otherwise  provided  by  law  there  is  hereby  appropri- 
ated  out  of  any  money  in  the  state  treasury  not  otherwise  appro- 
priated.a  sum  sufficient  to  carry  out  the  provisions  of  sections 
1658  to  i67oa,  inclusive,  such  expenditure  to  be  audited  under 
proper  vouchers  duly  certified  by  the  superintendent  of  weights 
and  measures;  but  the  salaries  and  expenses  of  city  sealers  shall 
be  paid  from  the  city  treasuries,  respectively. 

Until  the  first  day  of  January,  nineteen  hundred  and  twelve, 
nothing  contained  in  this  act  shall  prevent  the  use,  sale,  or  disposal 
of  crates,  boxes,  barrels,  cream  jars  and  bottles,  or  packages  here- 
tofore lawfully  purchased  or  acquired  but  not  conforming  to  the 
standards  fixed  by  section  1668  of  the  statutes  as  herein  amended. 

Nothing  contained  in  section  three  of  this  act  shall  interfere 
with  present  incumbents  of  any  office  in  a  department  of  bureau  of  ™*s  ft 
weights  and  measures  heretofore  created  and  presently  existing  of  first  class 
in  any  city  of  the  first  class. 


Penalty  for  violation 


Sec.(S'l5<J7) 


s^  ,6(7f  72) 
standard  for  grain 


tester> 


seAp7pr0priaHon 


|eacw|-  I9»-  ch-  « 
Act  effective,  when 


let'  not  to  interfere 


524  Laws  Concerning  Weights  and  Measures 

stats.,  1898  Any  person,  who,  by  himself  or  by  his  servant  or  agent  or  as  the 

o€C.  4432»  «•*>  ainc  •/     •*•  •'"•**  -i       11  ^      •         •         i    •  • 

ed  by  Laws,  i9n,  ch.  servant  or  agent  of  another,  shall  use  or  retain  in  his  possession 

566,  sec.  6  .    1    ,  •     1    • 

unlawful  to  use  or  re- any  false  weight  or  measure  or  any  weight  or  measure  or  weighing 
Sealed0 weight,  °meas-  or  measuring  device  to  be  used  in  the  buying  or  selling  of  any  com- 
ure.etc.  modity  or  thing  which  has  not  been  sealed  by  a  sealer  of  weights 

and  measures  within  one  year;  or  any  person  who,  by  himself  or 
by  his  servant  or  agent  or  as  the  servant  or  agent  of  another,  shall 
sell  or  offer  or  expose  for  sale  or  keep  for  the  purpose  of  sale,  less 
than  the  quantity  he  represents;  or  who  by  himself,  or  by  his 
servant  or  agent  or  as  the  servant  or  agent  of  another,  shall  use 
any  false  weight  or  measure  in  buying  or  selling  any  commodity 
or  thing,  or  shall  sell  or  offer  or  expose  for  sale  or  keep  for  the  pur- 
pose of  sale  any  commodity  in  a  manner  contrary  to  law;  or  any 
person,  who,  by  himself  or  by  his  servant  or  agent  or  as  the  servant 
or  agent  of  another,  shall  sell  or  offer  to  sell  or  have  in  his  possession 
for  the  purpose  of  selling,  any  device  or  machine  to  be  used  or 
calculated  to  falsify  any  weight  or  measure,  shall  be  punished  by 
imprisonment  in  the  county  jail  not  more  than  three  months  or  a 
Penalty  for  violation  fine  of  not  more  than  two  hundred  dollars,  upon  a  first  conviction; 
but,  upon  a  second  or  subsequent  conviction,  he  shall  be  punished 
by  imprisonment  in  the  county  jail  not  more  than  one  year,  or  by 
a  fine  of  not  more  than  five  hundred  dollars,  or  both  in  the  dis- 
-.-__„  w  cretion  of  the  court;  or  any  person  who  wilfully  with  intent  to 

Defrauding  buyer  or  .  '  11  r     i      j.    • 

seller  of  electric  current,  cheat  or  defraud  the  buyer  or  seller  of  electric  current,  gas,  water, 
or  steam  shall  make  or  cause  to  be  made  or  aid  in  the  making  of 
any  electric  conductor,  gas  pipe,  water  pipe,  steam  pipe,  or  other 
instrument  or  contrivance  or  any  connection  as  to  conduct  or 
supply  or  intended  to  conduct  or  supply  electric  current,  gas, 
water,  or  steam  to  any  lamp  or  motor  or  machine  or  burner  or 
orifice  or  appliance  from  which  such  electricity,  gas,  water,  or 
steam  may  be  consumed  or  utilized  without  passing  through  or 
being  registered  by  a  meter,  or  any  person  who  shall  wilfully  use  a 
false  meter  for  the  measurement  of  electric  current,  gas,  water,  or 
steam  in  the  buying  or  selling  of  the  same,  or  who  shall  wilfully 
obstruct  or  interfere  with  the  working  of  any  meter  used  for  such 
purposes,  so  as  to  cause  or  be  intended  to  cause  a  false  registration 
of  the  amount  of  electric  current,  water,  gas,  or  steam  consumed 
with  the  intent  to  cheat  or  defraud  the  seller  or  buyer  of  such 
Penalty  tor  electric  current,  gas,  water,  or  steam,  shall  be  punished  by  impris- 

onment in  the  county  jail  not  more  than  one  year  or  by  a  fine  not 
exceeding  five  hundred  dollars;  but  in  case  the  amount  of  damages 
occasioned  by  such  cheat  or  fraud  shall  not  exceed  twenty  dollars, 
he  shall  be  punished  by  imprisonment  in  the  county  jail  not  more 
than  three  months  or  by  fine  not  exceeding  one  hundred  dollars,  and 
in  computing  the  amount  of  damages  occasioned,  the  value  of  such 


Wisconsin  525 

electric  current,  water,  gas,  or  steam  shall  be  the  regular  current 

price  therefor,  charged  to  the  consumer  by  the  seller  thereof.     But 

nothing  contained  in  sections  1658  to  1670,  inclusive,  shall  prohib 

the  use  by  any  person,  or  by  his  servant  or  agent,  in  good  faith, under  what  conditions 

of  any  unsealed  weight  or  measure  or  weighing  or  measuring  device 

purchased  or  acquired  by  such  person  after  the  last  visit  of  a  sealer 

to  such  person  for  the  purpose  of  inspection  and  sealing  of  weights 

and  measures,  or  any  sealed  weight  or  measure  or  weighing  or 

measuring  device  in  his  possession  after  the  expiration  of  one  year 

next  after  the  last  inspection  and  sealing  thereof,  provided  the 

said  person  shall  have  notified  the  city  sealer  in  cities  subject  to 

the  provision  of  section  1661,  or  the  superintendent  of  weights  and 

measures,  respectively,  in  writing,  signed  by  said  person,  of  the 

fact  that  he  has  such  weight  or  measure  or  weighing  or  measuring 

device,  giving  the  number  thereof  and  a  general  description  of  the 

same,  and  the  place  where  the  same  may  be  found  for  the  purpose 

of  inspection,  and  shall  have  received  a  written  acknowledgement 

of  said  notice,  signed  by  such  city  sealer  or  superintendent  of 

weights  and  measures. 

Any  person,  firm  or  corporation  by  himself,  officer,  servant  orp^s-  ^^  ch- 
agent,  or  as  the  officer,  servant  or  agent  of  any  other  person,  firm  sec.  46oia 
or  corporation,  who  shall  manufacture  or  solicit  or  take  orders  for 
delivery,  or  sell,  exchange,  deliver  or  have  in  possession  with  the 
intent  to  sell,  exchange  or  expose,  or  offer  for  sale  or  exchange  any 
article  of  food  within  the  meaning  of  section  4600,  statutes  of  1898, .  Foods:  false 
which  is  misbranded  within  the  meaning  of  this  section  shall  be  c  ogu  nTyigor' conllntsj 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be prosecution 
punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor  more 
than  one  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
not  less  than  ten  days  nor  more  than  sixty  days.  The  term  "  mis- 
branded,"  as  used  herein  shall  apply  to  articles  of  food,  or  articles 
which  enter  into  the  composition  of  food,  which,  or  the  package  or 
label  of  which  shall  bear  any  statement,  design  or  device  regarding 
such  article  or  the  ingredients  or  substances  contained  therein 
which  shall  be  false  or  misleading  in  any  particular;  or  if  in  pack- 
age form,  and  the  contents  are  stated  in  terms  of  weight  or  measure, 
they  are  not  plainly  and  correctly  stated  on  the  outside  of  the 
package;  and  to  any  food  product  which  is  falsely  branded  as  to 
the  state,  territory  or  country  in  which  it  is  manufactured  or 
produced.  *  *  * 

In  the  use  of  the  Babcock  test,  the  standard  milk  measures  or64Laws'  '9°3.ch.43,  P 
pipettes  shall  have  a  capacity  of  17.6  cubic  centimeters,  and  the   l^,.1^  test 
standard  test  tubes  or  bottles  for  milk  shall  have  a  capacity  of  2  ^stamped  measures 
cubic  centimeters  for  each  ten  per.  cent,  mark  on  the  necks  thereof;  ™ 
cream  shall  be  tested  by  weight  and  the  standard  unit  for  testing 


526  Laws  Concerning  Weights  and  Measures 

shall  be  1 8  grams,  and  it  is  hereby  made  a  misdemeanor  to  use  any 
other  standards  of  milk  or  cream  measure  where  milk  or  cream  is 
purchased  by  or  offered  to  creameries  or  cheese  factories  and  where 
the  value  of  said  milk  or  cream  is  determined  by  the  per  cent,  of 
butter  fat  contained  in  the  same,  or  wherever  the  value  of  milk  or 
cream  is  determined  by  the  per  cent,  of  butter  fat  contained  in  the 
same  by  the  Babcock  test, 
laie  by  false  measure  Any  manufacturer,  merchant,  dealer  or  agent  in  this  state  who 

a  misdemeanor  shall  offer  for  sale  or  sell  a  milk  pipette  or  measure,  test  tube  or 
bottle  which  is  not  correctly  marked  or  graduated  as  herein  pro- 
vided shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  as  provided  in  section  four  of  this  act. 

Laws' 3ij^saAe99^cb^  ^-  sna^  De  unlawful  for  the  owner,  manager,  agent  or  any 
employee  of  a  cheese  factory,  creamery,  or  condensed  milk  factory 

reJduniawfufdorover~t°  falsely  manipulate  or  under-read  or  over-read  the  Babcock  test 
or  any  other  contrivance  used  for  determining  the  quality  or  value 
of  milk  or  cream  or  to  make  any  false  determination  of  said  Bab- 
cock test  or  otherwise. 

iS^SS^l^t     Whoever  shall  violate  any  of  the  provisions  of  this  act  shall  be 
penalty  '  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 

punished  by  fine  of  not  less  than  twenty-five  dollars  not  more  than 
one  hundred  dollars  for  each  and  every  offense,  or  be  imprisoned  in 
the  county  jail  not  less  than  thirty  days  nor  more  than  sixty  days, 
suts-  1898.  ch.  84.     Each  lumber  inspector  shall,  in  person  or  by  deputy,  at  the 
sec.  1 735  request  of  any  owner  of  logs,  timber  or  lumber,  after  a  scalement 

or  measurement  thereof,  make  a  bill,  stating  therein  the  number 
of  logs,  the  number  of  feet,  board  measure,  contained  in  such  logs 
and  lumber,  and  the  number  of  feet,  cubic,  running  or  board 
measure,  contained  in  said  timber,  and  at  whose  request  the  same 
were  scaled  or  measured  and  to  whom  scaled  or  measured,  a  copy 
of  which  bill  he  shall  enter  upon  the  books  of  his  office,  to  be  pro- 
vided by  him  and  kept  for  that  purpose,  with  the  marks  as  they 
Effect  oi  scale  bills  occurred  upon  the  logs.  A  correct  bill  of  the  same  shall  be  given 
to  such  owner,  with  a  certificate  thereto  attached  that  it  is  a  true 
and  correct  bill,  which  bill  so  certified  shall  be  presumptive  evidence 
of  the  facts  therein  contained  and  of  the  correctness  of  such  scale- 
ment or  measurement  in  all  courts,  except  in  favor  of  the  inspector 
or  deputy  inspector  who  made  the  same. 
sec.  1736*  ^  Each  lumber  inspector  and  his  deputies  shall,  in  surveying  or 

men"  Clumber"*1  c~  measuring  logs,  make  such  allowance  for  hollow,  rotten  or  crooked 
logs  as  would  make  them  equal  to  good,  sound,  straight,  mer- 
chantable logs;  and  all  logs  that  are  straight  and  sound  are  to  be 
measured  at  their  full  size,  inside  the  bark  at  the  small  end,  and 
all  logs  over  twenty-four  feet  long  and  not  exceeding  thirty-six 
feet,  shall  be  scaled  or  measured  as  two  logs,  allowing  such  rise 


Wisconsin 


527 


from  the  first  to  the  second  log  as  the  same  may  require  or  as  may 
seem  proper  in  the  opinion  of  the  inspector  or  his  deputy.  Bach 
lumber  inspector  shall  require  of  each  of  his  deputies,  at  the  end  of 
each  month,  a  correct  account  of  all  the  logs,  lumber  or  timber 
measured  by  him  during  the  month  next  preceding,  and  he  shall 
immediately  enter  such  account  upon  the  books  of  his  office. 

The  standard  rule  for  scaling  or  measuring  logs  in  the  said  dis-  Sec<  17(3*75<5as  amend- 
tricts  shall  be  in  accordance  with  the  following  table,  showing  the6^  by  ^^  19OI> ch- 
length  of  the  log  in  feet,  the  diameter  in  inches,  and  the  number  of  Iosstandard  scale  lot 
feet  of  lumber,  board  measure,  contained  in  each  log,  to  wit: 


Length  of 
log  in  feet. 

Diameter  of  log  at  small  end  in  inches. 

6 

' 

8 

9 

10 

11 

12 

13 

14 

15 

16 

Scale  in  feet. 

12 

10 
10 
20 
20 
20 
30 
30 

20 
20 
30 
30 
30 
40 
40 

20 
20 
30 
30 
30 
40 
40 

30 
30 
40 
40 
40 
50 
60 

30 
40 
60 
60 
70 
80 
90 

40 
50 
70 
80 
80 
90 
100 

60 
70 
80 
90 
100 
110 
120 

70 
80 
100 
110 
120 
130 
150 

90 

100 
110 
130 
140 
160 
170 

110 
120 
140 
160 
180 
200 
210 

120 
140 
160 
180 
200 
220 
240 

14.  . 

16.  .. 

18  

20 

22 

24... 

Length  of 
log  in  feet. 

Diameter  of  log  at  small  end  in  inches. 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

Scale  in  feet. 

12 

140 
160 
180 
210 
230 
250 
280 

160 
190 
210 
240 
270 
290 
320 

180 
210 
240 
270 
300 
330 
360 

210 
240 
280 
310 
350 
380 
420 

230 
270 
300 
340 
380 
420 
460 

250 
290 
330 
380 
420 
460 
500 

280 

330 
380 
420 
470 
520 
570 

300 
350 
400 
450 
500 
550 
610 

340 

400 
460 
520 
570 
630 
690 

370 
440 
500 
560 
620 
690 
750 

410 
480 
550 
620 
680 
750 
820 

14.  .. 

16  

18 

20 

22.  . 

24  

Length  of 
log  in  feet. 

Diameter  of  log  at  small  end  in  inches. 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

Scale  in  feet. 

12 

440 
510 
530 
650 
730 
800 
870 

460 
530 
610 
680 
760 
840 
910 

490 
570 
660 
740 
820 
900 
990 

530 
620 
710 
800 
890 
980 
1,060 

550 
640 
740 
830 
920 
1,010 
1,100 

590 
690 
780 
880 
980 
1,080 
1,180 

600 
700 
800 
900 
1,000 
1,100 
1,200 

660 
770 
880 
980 
1,090 
1,200 
1,310 

690 
810 
920 
1,040 
1,150 
1,270 
1,380 

770 
900 
1,030 
1,160 
1,290 
1,440 
1,540 

800 
930 
1,070 
1,200 
1,330 
1,470 
1,600 

14  . 

16  

18 

20  . 

22.  . 

24 

528 


Laws  Concerning  Weights  and  Measures 


Use  of  other 


Length  of 
log  in  feet. 

Diameter  of  log  at  small  end  in  inches. 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

Scale  in  feet. 

12... 

840 
980 
1,120 
1,260 
1,400 
1,540 
1,680 

900 
1,050 
1,200 
1,350 
1,500 
1,660 
1,800 

950 
1,110 
1,270 
1,430 
1,590 
1,750 
1,900 

1,010 
1,170 
1,340 
1,510 
1,680 
1,850 
2,020 

1,050 
1,220 
1,400 
1,570 
1,740 
1,920 
2,100 

1,110 
1,290 
1,480 
1,660 
1,850 
2,040 
2,220 

1,140 
1,330 
1,520 
1,710 
1,900 
2,090 
2,280 

1,190 
1,390 
1,590 
1,780 
1,980 
2,180 
2,380 

1,240 
1,450 
1,660 
1,860 
2,070 
2,280 
2,480 

1,300 
1,510 
1,730 
1,940 
2,160 
2,360 
2,600 

14  

16  .... 

18  

20  

22 

24 

Other  rules  may  be  used  at  the  request  of  the  owner  of  logs; 
but  in  all  such  cases  the  bill  of  the  inspector  shall  state  by  what 
rule  the  logs  were  scaled  or  measured. 


WYOMING 

I 

The  weights,  measures  and  balances  as  adopted  by  the  Umted8£[£Ij*»'*  £° 
States  government,  and  as  at  present  in  use  by  said  government,^- p.* &«  " 
or  as  may  be  changed  and  altered  at  any  time  hereafter  by  said  see.  3139  4 
government,  are  hereby  adopted  and  established  as  the  legal 
public  standard  weights,  measures  and  balances  of  this  state,  and 
when  received  from  the  United  States  government  shall  be  turned 
over  to  the  state  librarian  who  shall  be  authorized  to  act  as  super- 
intendent of  weights,  measures  and  balances  of  this  state,  and 
who  shall  receive  out  of  the  state  treasury,  out  of  any  of  the 
moneys  not  otherwise  appropriated,  an  annual  compensation  °fcu£t°^nnsation  for 
one  hundred  dollars  per  annum  as  payment  for  said  services,  and 
the  state  auditor  is  hereby  directed  to  pay  the  freight  on  said 
standard  balances,  weights  and  measures  from  Washington, 
D.  C.,  to  Cheyenne,  Wyoming,  out  of  any  moneys  in  the  treasury 
not  otherwise  appropriated. 

The  state  librarian  shall  be  authorized,  and  is  hereby  directed   f^c^°e  of  stand. 
to  contract  for  and  have  manufactured  a  sufficient  number  of  ards  for  each  county 
sets  of  balances,  weights  and  measures  (the  measures  to  be  out  of 
tin,  cast  iron,  brass  or  compositions)    as  will  be  necessary  to 
supply  each  county  within  the  state,  the  said  balances,  weights 
and  measures  to  be  delivered  by  the  contractor  at  the  office  of  the 
state  librarian  as  they  may  be  required  by  said  state  librarian, 
and  they  shall  be  paid  for  on  the  order  of  said  state  librarian  out 
of  any  money  in  the  treasury  not  otherwise  appropriated. 

Upon   the   application   of  the   county   commissioners   of   any   Sec.3i4i 

.  1      11     r          -i  -i  .,1  1      Counties   to   pay   for 

county,  the  state  librarian  shall  furnish  said  county  with  such  county  standards 
balances,  weights  and  measures  as  said  commissioner  shall  desig- 
nate as  required,  but  before  receiving  the  same,  the  said  county 
shall  pay  into  the  public  treasury  the  amount  paid  by  the  state 
for  the  same:  Provided,  that  nothing  herein  contained  shall  be 
so  construed  as  to  authorize  the  state  librarian  to  have  manufac- 
tured at  public  expense  a  larger  number  of  sets  of  balances,  weights 
and  measures  than  may  be  necessary  to  fill  the  call  of  the  county 
commissioners  upon  him  as  above  mentioned. 

The  county  commissioners  of  every  county  shall  constantly   |e£cf^  standards 
keep  for  the  use  and  at  the  cost  of  such  county,  the  following  to  be  kept  by  counties 
weights,  measures  and  balances,  conformable  to  said  standards 

8578°— 12 34  529 


530  Laws  Concerning  Weights  and  Measures 

and  seals,  and  sealed  by  said  state  librarian,  that  is  to  say  of  dry 
measure,  one  half  bushel,  one  peck,  and  one  half  peck;  of  wine 
measure,  one  gallon,  one  quart,  one  pint,  and  one  gill;  one  set  of 
brass  weights  up  to  four  pounds,  computed  at  sixteen  ounces  to 
the  pound,  with  suitable  scales  and  steel  beam;  one  set  of  iron 
weights  from  one  pound  to  fifty  pounds;  also,  of  long  measure, 
one  yard  and  a  set  of  troy  weights  from  the  lowest  denomination 
to  eight  ounces.  Each  of  said  measures,  weights  and  balances 
shall  be  verified  by  the  superintendent  and  sealed  by  him  in  a 
durable  manner,  according  to  its  true  weight,  capacity  or  length. 
AMMIOT  to  be  custo-  The  weights,  balances  and  measures  provided  for  each  county 
dian  and  sealer  of  shall  be  in  the  keeping  of  the  county  assessor,  and  shall  be  kept  in 

weights  t        ,  ,t       *  .      ,J  .  r- 

such  place  as  the  county  commissioners  may  determine,  and  said 
county  assessor  shall  be  sealer  of  weights  and  measures  for  the 
county  in  which  he  is  assessor. 
(1884.1886)  Once  in  each  year  from  the  time  at  which  they  are  first  sealed, 

county44standards  to  the  said  sealer  of  weights  and  measures  shall  cause  them  to  be 
tried  and  proved  by  the  said  public  standards,  under  the  direc- 
tion of  the  state  librarian,  and  sealed  by  him  anew,  and  if  any 
sealer  of  weights  and  measures  shall  fail  so  to  do,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  fined  in  a 
sum  not  exceeding  fifty  dollars. 

sec.  3145* *4)  Every  sealer  of  weights  and  measures  shall,  at  least  once  in  every 

welkin  the  county  gyear'  advertise  in  some  convenient  newspaper,  or  put  up  notifica- 
tions in  different  parts  of  the  county,  of  the  times  and  places  when 
and  where  he  will  attend  for  the  purpose  of  trying  and  proving  such 
balances  and  weights  and  measures  as  may  be  brought  to  him  for 
that  purpose.  Those  which  may  be  found  or  can  be  made  to  agree 
with  the  standards  shall  be  sealed  by  him  accordingly,  and  he  shall 
deface  or  destroy  all  such  as  do  not  and  cannot  be  made  to  agree 
therewith. 

' im)  The  said  sealer  of  balances  and  weights  and  measures  for  each 

1001111^  shall,  once  in  each  year,  go  to  the  houses,  stores  or  shops  of 
every  person  within  the  county  (in  which  he  is  elected  assessor) 
who  uses  balances,  steel-yards,  platform  scales  or  balances,  weights 
or  measures,  for  the  purpose  of  buying  and  selling,  and  has  failed 
for  one  year  to  bring  or  send  them  in  at  the  times  or  places  men- 
tioned, notified  and  advertised  by  him,  and  also  to  all  hay  scales 
and  platform  balances  kept  for  public  use,  and  there  try  and  prove 
such  scales,  balances  steel-yards,  weights  and  measures,  and  seal, 
or  deface  and  destroy  them  as  may  be  proper.  In  the  cases  men- 
tioned in  this  section  the  sealer  of  weights  and  measures  shall  have 
double  the  amount  of  his  regular  fees. 

sec.  3iif^)  The  seals  and  other  things  necessary  to  enable  them  to  perform 

eir  ^^  sfla^  ke  procured  by  the  state  librarian  and  sealers.    The 
cost  of  such  as  are  procured  by  the  state  librarian  shall  be  paid  on 


Wyoming  531 

the  order  of  the  State  librarian  out  of  any  state  funds  not  otherwise 
appropriated,  and  the  cost  of  such  as  are  procured  by  a  sealer  of 
weights  and  measures  shall  be  a  charge  on  and  paid  by  the  county 
in  which  he  was  elected  assessor. 

Bach  sealer  of  weights  and  measures  is  allowed  to  receive  for  his 
services  fees  as  follows:  For  sealing  and  marking  every  beam, 
twenty-five  cents ;  for  sealing  and  marking  measures  of  extension, 
at  the  rate  of  ten  cents  per  yard,  not  to  exceed  twenty-five  cents  on 
any  one  measure ;  for  sealing  and  marking  every  weight,  five  cents ; 
for  sealing  and  marking  liquid  and  dry  measures,  if  the  same  be  one 
gallon  or  more,  twenty-five  cents,  and  if  less  than  one  gallon,  ten 
cents;  and  he  may  charge  a  reasonable  compensation  for  time 
actually  and  necessarily  employed  in  fixing,  altering  or  repairing 
defective  balances,  weights  or  measures,  so  as  to  make  them  con- 
form to  the  standard,  such  compensation  in  no  case  to  exceed  the 
rate  of  fifty  cents  per  hour  for  time  actually  employed,  and  he  shall 
make  no  charge  when  the  time  employed  is  less  than  fifteen  min- 
utes. Such  fees  received  as  above  provided  shall  be  in  full  for  all 
compensation  as  sealer  of  weights  and  measures,  and  no  charge 
shall  be  made  against  any  county  in  the  state  for  such  services. 

Any  person  may  call  at  any  time  upon  the  sealer  of  weights  and   ff^Ver  to  prove 
measures,  in  his  county  to  try  and  prove  the  weights  and  measures  welshts  °n  request 
of  such  person,  he  paying  therefor  the  regular  fees,  or  double  fees, 
if  the  service  be  rendered  at  his  own  house,  store  or  shop:    Pro-   ElPenses 
vided,  That  if  any  person  shall  call  upon  the  sealer  of  weights  and 
measures  to  go  to  his  house,  store  or  shop  to  perform  any  duties 
under  this  chapter,  he  shall  pay  in  addition  to  the  fees  above  pro- 
vided, the  reasonable  expenses  of  such  sealer  of  weights  and  meas- 
ures where  the  distance  necessarily  traveled  shall  be  over  three 
miles. 

If  any  board  of  county  commissioners  shall  refuse  to  provide 
and  keep  the  weights,  measures  and  balances  prescribed  by  la 
every  member  of  such  board  of  county  commissioners  so  refusing 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  a  sum  of  not  less  than  five  dollars  nor 
more  than  fifty  dollars. 

If  the  state  librarian  or  any  sealer  of  weights  and  measures  of   f^icf  of  duty  by 
any  county,  shall  wilfully  or  negligently  fail  to  perform  any  duty  °fflcers;  Penalty 
imposed  on  him  by  the  provisions  of  this  chapter,  he  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  five  dollars  nor  more  than  fifty  dollars 
for  each  offence. 

If  any  person  shaJJ  sell  or  offer  to  sell,  any  commodity  by,  or 
keep  for  buying  or*  selling  by,  any  scales,  balances,  steely ards, 
weights,  or  measures  not  sealed  according  to  law,  he  shall  be 


532  Laws  Concerning  Weights  and  Measures 

deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
fined  for  each  offense  in  a  sum  not  less  than  five  nor  more  than 
fifty  dollars:  Provided,  That  if  upon  such  scales,  balances,  steel- 
yards, weights  or  measures  being  examined  and  proved  by  the 
sealer  of  weights  and  measures,  they  shall  prove  to  be  correct,  he 
shall  not  be  liable  for  the  above  fine. 

Sec  W8*  iM6)  Once  in  every  year  every  bank  or  banking  house  either  public  or 

wftehtssseaie1dst  haveprivate,  shall  have  the  weights  used  in  such  bank  or  banking  house 

tried,  proved  and  sealed,  either  by  the  state  librarian  or  by  the 

sealer  of  weights  and  measures  in  the  county  in  which  such  bank 

or  banking  house  is  situated. 

peecna3ity4for  failure  by     ^  ^e  °fficers  of  any  bank,  or  owner  of  any  banking  house  shall 

bank  fail  to  comply  with  the  provisions  of  the  foregoing  section,  they 

shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 

thereof  fined  in  a  sum  not  less  than  five  dollars  nor  more  than 

Proviso  fifty  dollars  for  each  offense:  Provided,  That  none  of  the  provi- 

sions of  this  chapter  shall  be  so  construed  as  to  prohibit  the  use  of 
spring  or  platform  scales  generally  used  by  butchers  or  other  per- 
sons :  Provided  further,  That  when  such  spring  or  platform  scales 
are  used  by  any  person  or  persons  they  shall  be  tested  at  least 
once  in  each  year,  and  sealed,  as  in  case  of  other  scales  or  balances. 

sec.3isf*<5)  ^  snall  be  the  duty  of  said  county  commissioners  to  see  that 

certain  cities  to  have  every  cjty  and  town  in  their  county  containing  two  thousand  or 

public  scales  •-»«_•  •  -11         •  •*  <  •  <r  •    1  • 

more  inhabitants  is  provided  with  public  scales  for  weighing  of 
coal,  hay  and  other  merchandise,  sold  by  weight,  and  that  every 
city  and  town  council  in  their  respective  counties  shall  appoint  a 
city  or  town  weighmaster,  whose  services  shall  be  paid  for  by  the 
city  or  town  appointing  said  weighmaster. 

Ewtataweights  to  be  ^  snall  De  the  duty  of  the  sealer  of  weights  and  measures  to  test 
annually  tested  all  weights  and  measures  that  are  in  use  for  the  sale  of  liquids  or 
solids  in  his  county,  at  least  once  in  every  twelve  months,  and  he 
shall  bring  action  against  any  company  or  person  who  may  de- 
fraud or  cheat  or  attempt  to  defraud  or  cheat  any  person  or  per- 
sons by  the  use  of  short  weights  or  measures. 

city  weighmasters  to     Jt  shall  be  ^e  ^ut7  °^  a^  C^Y  or  town  weighmasters  to  furnish 

give  weight  certificates  a  certificate  of  all  merchandise  weighed  by  them  to  teamsters    or 

other  persons  who  may  deliver  coal,  hay  or  other  merchandise  sold 

by  weight,  so  that  said  certificate  shall  be  given  to  the  purchaser. 

violating  this  chapter;  Any  person  violating  the  provisions  of  this  chapter  shall,  upon 
penalty  conviction,  be  fined  in  a  sum  of  not  more  than  five  hundred  dol- 

lars, or  imprisoned  in  the  county  jail  not  more  than  six  months. 

sec.6oi?7d)  If  any  person  shall  knowingly  have,  keep,  or  use  any  false  or 

using  false  weights  fraudulent  scales  or  weights  for  weighing  gold  or  gold  dust,  or  any 
other  article  or  commodity,  every  person  so  offending  shall  be 


Wyoming  533 

fined  not  more  than  five  hundred  dollars,  or  imprisoned  in  the 
county  jail  not  more  than  six  months. 

If  any  person  shall  knowingly  sell  by  false  weights  or  measures,  (1895) 

or  shall  knowingly  use  false  weights  or  measures  at  any  threshing   junta i  by  false 
machine,  or  at  any  mill,  in  taking  toll  for  grinding  or  threshing weights 
corn,  wheat,  rye  or  other  grain  and  seeds,  he  shall  be  deemed  a 
common  cheat  and  shall  be  fined  not  more  than  one  hundred  dol- 
lars, and  shall  be  imprisoned  in  the  county  jail  not  more  than  six 
months. 

*  *     *     That  for  the  purposes  of  this  act  an  article  shall  also    Sess.  Laws,  i9n,  ch 
be  deemed  to  be  misbranded :  s'ec.'9 

In  case  of  food: 

*  *     * 

Third.  If  in  package  form,  the  net  quantity  of  the  contents  be 
not  plainly  and  conspicuously  marked  on  the  outside  of  the  pack- 
age in  terms  of  weight,  measure  or  numerical  count;  provided, 
however,  that  reasonable  variations  shall  be  permitted  and  that 
tolerances  shall  be  established  by  rules  and  regulations  made  in 
accordance  with  the  provisions  of  this  act. 

From  and  after  the  passage  of  this  law,  unless  otherwise  agreed  30^3Laws>  I9II>  ch- 
to  between  the  contracting  parties,  the  following  shall  constitute  sec.^i  measurement 
the  legal  measurement  for  hay  in  stack  in  the  state  of  Wyoming :  of  hay  in  stacks 

Four  hundred  and  twenty-two  (422)  cubic  feet  shall  constitute 
a  ton  of  clean,  native,  blue  joint  hay,  after  thirty  (30)  days  up  to 
three  (3)  months  settlement  in  stack.  As  to  all  other  kinds  of  hay, 
after  the  same  shall  have  been  settled  in  stack  from  sixty  (60)  days 
and  up,  five  hundred  and  twelve  (512)  cubic  feet  shall  constitute 
a  ton  of  alfalfa  or  rough  slough  grass,  after  the  same  shall  have 
been  in  stack  thirty  (30)  days  and  up  to  one  (i)  year.  Four  hun- 
dred and  fifty  (450)  cubic  feet  shall  constitute  a  ton  of  clean  tim- 
othy and  clover,  after  the  same  shall  have  been  in  the  stack  thirty 
(30)  days,  and  up  to  one  (i)  year. 

Making  measurements  of  hay  in  stack,  the  following  is  hereby 
made  the  legal  method  of  measurements  to  wit:  The  width  and 
length  of  the  stack  shall  be  measured,  and  the  distance  from  the 
ground  against  one  side  of  the  stack  to  the  ground  against  the 
other  side  of  stack  directly  over  and  opposite,  shall  be  taken  in 
linear  feet  and  inches,  and  then  the  width  shall  be  subtracted  from 
the  measurement  over  the  stack,  as  above  indicated,  the  result 
divided  by  two,  and  the  result  so  obtained  multiplied  by  the 
width,  and  the  result  thus  obtained  multiplied  by  the  length, 
which  will  give  the  number  of  cubic  feet  contained  in  the  stack, 
and  the  tonnage  shall  thereupon  be  determined  by  dividing  the 
total  number  of  cubic  feet  by  the  number  of  cubic  feet  allowed 
under  the  provisions  of  this  act  for  a  ton. 


534  Laws  Concerning  Weights  and  Measures 

cubic  foot  of  water  per  second  of  time  shall  be  the  legal  stand- 


sec  (lS29°~9l)         ard  for  the  measurement  of  water  in  this  state,  both  for  the  pur- 
Legai 2  standard   of  pose  of  determining  the  flow  of  water  in  natural  streams,  and  for 

water  measurement       *,  -    ,.   7**w       ..  ,-,          f 

the  purpose  of  distributing  water  therefrom. 

Laws,  1911,  ch.  74         it  shall  be  unlawful  for  any  mine  owner,  lessee,  operator,  agent 
Regulating  theor  company  in  this  state,  employing  miners  at  bushel  or  ton  rates, 

weigh  ing  of  coal  *        •>  .....^,  1  - 

or  other  quantities,  in  mining  coal,  to  pass  the  output  of  coal 
mined  by  said  miners  over  any  screen  or  any  device  which  shall 
take  any  part  of  the  marketable  coal  from  the  amount  thereof, 
before. 

st^tsV  AM.',  Si9^omp;     A  cubic  foot  of  water  per  second  of  time  shall  be  the  legal 

*$*    '  (i8     z)         standard  for  the  measurement  of  water  in  this  state,  both  for  the 

sec. 742  .purpose  of  determining  the  flow  of  water  in  natural  streams,  and 

Legal  standard  off       JT"  r  j-   ^   -i_    j.-  ^-L.        £ 

water  measurement     for  the  purpose  of  distributing  water  therefrom, 
sec!!'  I9"P  ch' 74        It  shall  be  unlawful  for  any  mine  owner,  lessee,  operator,  agent 

weighing  oiacoaf  *  ^  or  company  in  this  state,  employing  miners  at  bushel  or  ton  rates, 
or  other  quantities,  in  mining  coal,  to  pass  the  output  of  coal 
mined  by  said  miners  over  any  screen  or  any  device  which  shall 
take  any  part  of  the  marketable  coal  from  the  amount  thereof, 
before  the  same  shall  have  been  weighed  and  duly  credited  to  the 
employes  sending  the  same  to  the  surface,  unless  otherwise 
agreed  upon  between  miners  and  their  employers.  In  case  of 
any  agreement  where  coal  is  credited  to  miners  after  having  been 
screened  and  weighed,  said  miners  or  employes  shall  receive 
compensation  for  all  marketable  or  saleable  coal  sent  by  them  to 
the  surface,  and  accounted  for  at  the  customary  rate  of  weights; 
Provided,  That  this  section  shall  also  apply  to  the  class  of  workers 
in  mines  known  as  loaders  engaged  in  mines  where  mining  is  done 
by  machinery  whenever  the  workers  are  under  contract  to  load 
coal  by  the  bushel,  ton  or  quantity. 
FeYd ing  stuffs  ex-  The  term  "concentrated  commercial  feeding  stuffs,"  as  here 

emptej  use(j  shaft  not  include  hays,  straw,  whole  seeds  nor  the  unmixed 

meals  made  directly  from  seed  of  wheat,  rye,  speltz,  barley,  oats, 
Indian  corn,  buckwheat  or  broom  corn,  and  neither  shall  it 
include  wheat,  rye,  buckwheat,  brans  or  middlings  not  mixed 
with  other  substances,  but  sold  separately  as  distinct  article  of 
commerce,  nor  pure  grains  ground  together. 

Icaie4s  The  owner,  lessee,  operator,  agent  or  company  operating  any 

coal  mine  in  this  state,  at  which  the  miners  are  paid  by  weight, 
shall  provide  suitable  and  accurate  scales  of  standard  manufac- 
ture for  weighing  of  coal  which  may  be  procured  from  such  mines ; 
such  owner,  lessee,  operator,  agent  or  company  shall  be  required 
to  keep  United  States  standard  weights  to  test  said  scales. 

At  every  mine  where  the  coal  mined  is  paid  for  by  weight  it 
shall  be  the  duty  of  the  weighman  and  the  check  weighman  to 


Wyoming  535 

examine  and  balance  the  scales  each  morning,  and  in  no  case  shall 
any  coal  be  weighed  until  such  scales  are  tested  by  the  United 
States  standard  weights  and  found  to  be  correct :  Provided,  That 
if  the  weighman  and  check  weighman  shall  disagree,  work  may 
continue  until  the  inspector  of  mines  can  be  present,  and  any 
erroneous  weights  made  during  such  time  shall  be  rectified.  When 
differences  shall  arise  between  the  weighman  and  check- weighman, 
or  operator,  of  any  mine,  as  to  the  correctness  of  the  scales,  the 
same  shall  be  referred  to  the  inspector  of  mines,  whose  duty  it 
shall  be  to  see  and  regulate  the  same  at  once.  The  inspector  of 
mines  and  miners  employed  in  the  mine  and  others  personally 
interested  shall  at  all  proper  times  have  full  right  of  access  to  and 
examination  of  scales  or  apparatus  used  for  weighing  coal  in  or 
about  said  mine. 

Any  person  or  persons  having  or  using  any  scale  or  scales  for  the   fraudulent    weigh- 
purpose  of  weighing  the  output  of  coal  at  mines  so  arranged  ortas-penalty 
constructed  that  fraudulent  weighing  may  be  done  thereby,  or  who 
shall  knowingly  resort  to  or  employ  any  means  whatever  by  reason  of 
which  such  coal  is  not  correctly  weighed  and  reported  in  accordance 
with  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a  mis- 
demeanor and  shall  upon  conviction  for  each  offense  be  punished 
by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  three 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  a  period 
not  to  exceed  sixty  days,  or  by  both  such  fine  and  imprisonment. 

The  provisions  of  this  act  shall  also  apply  to  the  class  of  workers  Naders  included 
in  mines  known  as  loaders,  engaged  in  mines  wherein  mining  is 
done  by  machinery.  Whenever  the  workmen  are  under  contract 
to  load  coal  by  the  bushel,  ton,  or  any  quantity,  the  settlement  of 
which  is  by  weight,  the  output  shall  be  weighed  in  accordance 
with  the  provisions  of  this  act. 

Any  and  all  acts  or  parts  of  acts  inconsistent  with  any  of  the 
provisions  of  this  act,  are  hereby  repealed  in  so  far  as  the  same 
conflict  with  any  of  the  provisions  of  this  act. 


APPENDIX 


LEGAL  WEIGHTS  PER  BUSHEL  OF  COMMODITIES 


[REPRINTED  (WITH   SLIGHT  REVISION)  FROM  CIRCULAR  NO.  10  OF  THE  BUREAU  OF 

STANDARDS] 


537 


COMMODITIES  FOR  WHICH  BUSHEL  WEIGHTS  HAVE  BEEN  ADOPTED  IN  BUT  A  FEW 

STATES 

Alsike  (or  Swedish)  seed,  60  pounds  (Maryland  and  Oklahoma). 

Beggarweed  seed,  62  pounds  (Florida) . 

Bermuda  grass  seed,  40  pounds  (Oklahoma) . 

Blackberries,   30  pounds    (Iowa) ;   48   pounds    (Tennessee) ;   dried,   28   pounds 

(Tennessee) . 

Blueberries,  42  pounds  (Minnesota). 
Bromus  inermus,  14  pounds  (North  Dakota). 
Burr  clover,  in  hulls,  8  pounds  (North  Carolina). 

Cabbage,  50  pounds  (Tennessee). 

Canary  seed,  60  pounds  (Tennessee) ;  50  pounds  (Iowa). 

Cantaloupe  melon,  50  pounds  (Tennessee) . 

Caster  seed,  50  pounds  (Maryland). 

Cement,  80  pounds  (Tennessee). 

Cherries,  40  pounds  (Iowa) ;  with  stems,  56  pounds  (Tennessee) ;  without  stems, 

64  pounds  (Tennessee) . 
Chufa,  54  pounds  (Florida) . 
Cotton  seed,  staple,  42  pounds  (South  Carolina). 
Culm,  80  pounds  (Maryland;  United  States). 
Currants,  40  pounds  (Iowa  and  Minnesota). 

Feed,  50  pounds  (Massachusetts). 

Fescue,  seed  of  all  the,  except  the  tall  and  meadow  fescue,  14  pounds  (North 

Carolina) . 
Fescue,  tall  and  meadow  fescue  grass  seed,  24  pounds  (North  Carolina) . 

Crapes,  40  pounds  (Iowa) ;  with  stems,  48  pounds  (Tennessee) ;  without  stems,  60 

pounds  (Tennessee). 
Guavas,  54  pounds  (Florida). 

Hominy,  60  pounds  (Ohio);  62  pounds  (Tennessee). 
Horseradish,  50  pounds  (Tennessee) . 

Italian  rye  grass  seed,  20  pounds  (Tennessee). 

Japan  clover  in  hulls,  25  pounds  (North  Carolina). 

Johnson  grass,  28  pounds  (Arkansas) ;  25  pounds  (North  Carolina). 

Xale,  30  pounds  (Tennessee) . 

539 


54O  Laws  Concerning  Weights  and  Measures. 

Land  plaster,  100  pounds  (Tennessee) 
Lentils,  60  pounds  (North  Carolina). 
Lucerne,  60  pounds  (North  Carolina) . 
Lupines,  60  pounds  (North  Carolina) . 

Meadow  seed,  tall,  14  pounds  (North  Carolina). 

Meal  ( ?) ,  46  pounds  (Alabama) ;  unbolted,  48  pounds  (Alabama) . 

Middlings,  fine,  40  pounds  (Indiana) ;  coarse  middlings,  30  pounds  (Indiana). 

Millet,  Japanese  barnyard,  35  pounds  (Massachusetts  and  New  Hampshire). 

Mustard,  30  pounds  (Tennessee) . 

Mustard  seed,  58  pounds  (North  Carolina). 

Oat  grass  seed,  14  pounds  (North  Carolina). 

Plums, 40  pounds  (Florida) ;  64  pounds  (Tennessee) ;  dried,  28  pounds  (Michigan). 
Prunes,  dried,  28  pounds  (Idaho) ;  green,  45  pounds  (Idaho). 

Radish  seed,  50  pounds  (Iowa) . 

Raspberries,  32  pounds  (Iowa  and  Kansas);  48  pounds  (Tennessee). 

Rhubarb,  50  pounds  (Tennsesee). 

Sage,  4  pounds  (Tennessee). 

Salads,  30  pounds  (Tennessee) . 

Sand,  1 30  pounds  (Iowa). 

Seed  of  brome  grasses,  14  pounds  (North  Carolina). 

Shale,  80  pounds  (Uuited  States). 

Spinach,  30  pounds  (Tennessee) . 

Strawberries,  32  pounds  (Iowa);  48  pounds  (Tennessee). 

Sugar-cane  seed  (amber),  57  pounds  (New  Jersey). 

Sunflower  seed,  24  pounds  (North  Carolina). 

Swedish  (or  Alsike)  seed,  60  pounds  (Maryland  and  Oklahoma) . 

Teosinte,  59  pounds  (North  Carolina). 

Velvet  grass  seed,  7  pounds  (Tennessee) . 
Vetches,  60  pounds  (North  Carolina) . 

In  the  following  pages  is  given  an  alphabetical  list  of  commodities  for 
which  legal  weights  (in  pounds)  per  bushel  have  been  more  generally  adopted  by 
States.  Special  explanations  or  conditions  affecting  the  definition  are  printed 
in  footnotes  to  these  tables. 


Appendix 


COMMODITIES  FOR  WHICH    BUSHEL  WEIGHTS  HAVE  BEEN  MORE  WIDELY 

ADOPTED 


•a 

S 
3 
< 

Apples 

Apple  seeds. 

>> 

_<B 

i 

Beans 

w 
o 
u 

m 

1 
<a 

m 
1 

i 

3 

« 

Broom-corn  seed 

Buckwheat 

CO 

3 

i 

o 

Chestnuts 

•8 

i* 

g 

o 

0 

Coal 

to 

u 

1 

< 

CO 
V 

1 

•O 

£ 
0 

Beans  ' 

Castor  beans 
(shelled) 

I 

Anthracite 
coal 

B  i  t  u  m  inous 
coal 

1 
"3 

B 

a 
B 

u 

Mineral  coal 

i 

TJ.  S 

48 
47 
45 
48 
50 

60 
60 

255 
2  60 

50 

48 

80 

Ala 

?4 

Ariz  

Ark  

350 

24 

14 

20 

48 

52 
40 

60 

Cal  

Colo 

48 

48 

60 
60 

14 

5? 

60 
60 

80 

80 

Conn  .  .  . 

48 

25 

<60 

?0 

48 

50 

20 
20 

80 

Del 

D.  C 

Fla 

348 

24 

?4 

48 

47 
48 

"60 
660 

48 

70 

Ga  

14 

'20 

S? 

60 

80 

Hawaii  . 
Idaho20. 
Ill  

7,4 

48 
48 

48 
48 
47 

M: 

660 
60 

860 
60 

«60 

46 
46 

46 
46 
US 

14 

14 

20 

S7 

60 

80 

Ind 

75 

SO 

60 

80 

Iowa  .  .  . 
Kans.  .  . 
Ky 

60 
60 

48 
348 

24 
24 

?4 

56 
56 

14 
»  14 
14 

20 
20 
20 

50 

52 
50 

56 

50 
50 

20 

60 

80 
80 
76 

60 

60 

76 

76 

76 

76 

76 

La  

Me 

44 

48 

48 
48 
48 
48 
48 

48 
48 
48 
48 
48 

48 

60 

60 
"60 
60 
60 
«  60 

"60 
60 
«60 
60 

2  11 

60 

60 

48 

50 

50 
50 

Md  

60 

78 

i»50 

60 

14 

20 

?o 

20 

60 
60 

*r 

80 

Mass  .  . 

O  00  00 

25 
22 
28 
?fi 

48 

48 

Mich  . 

46 

14 

60 

80 

Minn 

50 

"so" 

"56 

60 

14 
14 

14 
14 
14 

9 

"26" 

20 
20 
20 
20 
?0 

57 

50 
48 

45 

20 

60 
60 

80 

Miss 

1246 
46 

80 

Mo 

48 
45 

24 

52 

52 
S7 

50 
50 

60 

80 

Mont.  . 

60 

76 

Nebr.  .  . 
Nev.... 
N.  H 

60 
60 

348 
348 
48 

50 

24 
24 
25 

25 

46 
46 

60 

80 

50 
48 

50 

50 
50 

50 

60 

60 

N.  J  .. 

60 

64 

N.Mex. 
N.  Y... 

48 
a  48 
50 

25 

"46" 

48 
48 
48 

48 
48 
46 

60 

1360 
60 

60 
60 

70 

48 
50 
42 

50 
52 
47 

50 

60 

N.  C... 
N.  Dak. 

Ohio  .  . 

60 

M6 

60 

14 

20 

46 
30 

"50 

60 
60 

80 

50 
48 
45 

24 
24 
28 

S6 

50 
50 

60 

80 

70 

Okla... 
Oreg  .  . 

60 

46 

60 

14 

20 

30 

60 

80 

80 

60 

Pa  

47 

48 

15  16  18 

20 

60 
60 

"75 
80 

76 

R.I... 

48 

25 

40 

48 

60 

46 

50 

20 

48 

50 

S.  C..  . 

S.  Dak. 
Tenn 

48 
48 

48 

60 

12  18  60 

660 

60 

20 
20 

?n 

30 
42 

42 
50 

47 

60 

80 
80 

80 

»50 

45 

24 
28 

40 

46 

50 

14 

50 

22 
22 

50 

i960 
60 

Tex.. 

Utah  .  .  . 

Vt.. 

46 

48 
48 

48 

62 
660 

60 

48 
5' 

50 

60 

Va  

45 
MS 

"so" 

28 

28 

25 
25 

14 

57 

60 
60 

80 

Wash 

42 

W.Va  .  . 
Wis 

.... 

48 
48 

60 
60 

5' 

60 

80 

50 

?o 

50 

50 

60 

Wyo..  . 

1  Not  defined. 

2  Small  white  beans,  60  pounds. 

3  Green  apples. 

4  Sugar  beets  and  mangel-wurzel. 

6  Shelled  beans,  60  pounds;  velvet  beans,  78  pounds. 
8  White  beans. 

7  Wheat  bran. 

8  Green  unshelled  beans,  56  pounds. 

'English  blue-grass  seed,  22  pounds;  native  blue-grass 

seed,  14  pounds 
1°  Also  castor  seed. 


1  Soy  beans,  58  pounds. 

2  Green  unshelled  beans,  30  pounds. 

3  Soy  beans. 

4  Free  from  hulls. 

5  Comercially  dry,  for  all  hard  woods. 

6  Fifteen  pounds  commercially  dry,  for  all  soft  woods. 

7  Standard  weight  in  borough  of  Greensburg. 

8  Dried  beans. 

9  Red  and  white. 

20  Idaho  law  repealed  in  1905- 


542  Laws  Concerning  Weights  and  Measures 

COMMODITIES  FOR  WHICH  BUSHEL  WEIGHTS  HAVE  BEEN  MORE  WIDELY  ADOPTED — Continued 


1 
o 

Corn1' 

Corn  meal 

Cotton  seed 

Cranberries 

Cucumbers 

Flaxseed  (linseed) 

Gooseberries 

(Plastering)  hair 

•0 
o> 

B. 

§ 

ffi 

% 

I 
m 

•a 

i 

H 

Hickory  nuts 

Hungarian  grass 
seed 

Indian  corn  or  maize 

O 

S 
••d 

3& 

I1 

Corn  in  ear, 
unhusked 

Shelled  corn 

I 

H 
6 

Corn  meal, 

bolted 

Corn  meal, 
unbolted 

•o 

V 
0> 

• 

1 

•O 

a« 

5s 

o 
03  52 

<o  8 
w 

a 
S-o 

t8 
p 

u.  s 

56 

Sfi 

Ala 

70 

75 

56 

32 

Ariz 

54 

Ark 

70 

74 

56 

48 

33} 

16 

Cal 

52" 

56 
56 
56- 

Colo 

70 

50 

44 

Conn 

50 

44 

30 

SS 

45 

Del 

44 

48 

D.  C 

Fla 

70 

56 
56 

48 
48 

32 
30 

46 

Ga 

70 

Sfi 

8 

44 

Hawaii 

56- 

Idaho  " 

111 

70 

56 
56 

56 
56 

48 
50 

50 

56 

8 

44 

44 

Ind  

3 

33 

Iowa  

Kfl«R, 

38 

»50 

4  70 
6  70 

75 

48 

56 

Sfi 

40 

"~6~8~ 

8 

44 

44 
44 

50 

50 
SO 



Ky  
La  

'70 
56 

56 

50 

Sfi 

SO 

Me. 

56 

8  50 

11 

45 

Md  

<  70 

56 
»50 
56 
56 

48 
50 
50 

S6 

44 

45 

45 

50 

""56. 

Mass.... 

44 

30 

32 

40 

•iS 

Mich  

<  70 

Sfi 

44 

SO 

Minn  .  .  . 

70 

36 

40 

«8 

50 

48 

Miss..   .. 

72 

56 

56 
56 
56 
56 

48 

50 

50 
50 
48 
50 

44 

48 

32 

33 

Sfi 

44 

50 

Mo...    . 

70 

48 

56 
Sfi 

44 

48 

Mont  

70 

44 

SO 

Nebr  

70 

Sfi 

8 

44 

48 

so 

Nev  

670 

Sfi 

so 

N.H  

!>50 

3? 

Sfi 

45 

56- 
56 

N.J... 

ss 

N.  Mex.. 

N.Y  

50 
48 

44 
44 

30 

ss 

45 

56 

56- 

N.C  

70 
70 

68 
70 

30 

55 
56 

44 

"50 

N.Dak... 

56 

Ohio... 
Okla  

40 



56 

Sfi 

44 

so 

72 

56 

50 

32 

48 

56 

44 

Oreg  

5& 
5& 

Pa.  

40 
40 

58 

R.I... 
S.C  

70 

56 

50 

IMS 

44 

30 

56 

44 

50 

48 

48 

330 

S.Dak... 

70 
70 

70 

56 

56 

Term  
Tex... 

40 

4  74 

72 

56 
56 

50 

48 

28 

32 

48 

56 
56 

48 

8 

44 
44 

50 

48 
48 



Utah  

Vt  

45 

55 
5& 

Va  

70 

.... 

56 

50 

32 

56 

8 

44 

12 

48 

Wash... 

56 

W.Va.... 

56 

56 

Wis  

50 

44 

30 

^50 

56 

8 

44 

48 

56- 

Wyo  

1  Not  defined. 

a  Corn  in  ear,  70  pounds  until  Dec.  i  next  after  grown; 
68  pounds  thereafter. 

3  Sweet  corn. 

4  In  the  cob. 

6  Indian  corn  in  ear. 

•  Unwashed  plastering  hair,  8  pounds;  washed  plaster- 
ing hair,  4  pounds. 

7  Corn  in  ear,  from  Nov.  i  to  May  i  following,  70  pounds; 

68  pounds  from  May  i  to  Nov.  i. 

8  Indian-corn  meal. 


9  Cracked  corn. 
«  Shelled. 
11  Free  from  hulls. 

IJ  Standard  weight  bushel  corn  meal,  bolted  or  unbolted,. 
48  pounds. 

13  Except  the  seed  of  long  staple  cotton,  of  which  the  weight 

shall  be  42  pounds. 

14  Green  unshelled  corn,  100  pounds. 

15  Green. 

16  See  also  "  Popcorn,"  "  Indian  corn,"  and  "  Kaffir  corn." 

17  See  note  *•  on  p.  7. 


Appendix  543. 

COMMODITIES  FOR  WHICH  BUSHEL  WEIGHTS  HAVE  BEEN  MORE  WIDELY  ADOPTED — Continued 


Kaffir  corn 

Lime 

S 

"5 

S3 

§ 

m 

8 

Onions 

Orchard  grass  seed 

Osage  orange  seed 

Parsnips 

Peaches 

Peanuts  (or  "Ground 
peas*") 

Pears  ' 

Pease 

s 

t) 

1 

a 

Unslacked 
lime 

Onions  ' 

Onion  sets 

Peaches  ' 

Dried  peaches, 
peeled 

Dried  peaches, 
unpeeled 

Green  pease, 
unshelled 

I 

U.S... 

2«34 

32 
32 

57 

so  50 

Ala  

38 

33 

60 

Ariz  

32 

Ark  

50 

32 
32 

57 

14 

33 

33 

60 

Cal  

Colo  

m 

32 
32 

57 
52 

Conn  

70 

45 

33 

33 

60 

Del  

D.C  

Fla  

50 

32 

32 
32 

56 
57 

2  54 

33 
38 

33 

22 

*25 

60 

Ga... 

80 

60 

Hawaii  

Idaho  ».. 

Ill  

80 

38 
<35 

32 
32 

32 
32 
832 

57 

48 

57 
57 
57 

33 

Ind  

50 

50 
50 
50 

14 
14 

33 
32 

55 

42 
52 

33 

56 
«70 

2856- 

Iowa  

56 
56 

80 

»30 

48 
48 

33 
33 

20 

50 

"'60' 
60 

Kans 
Ky  '.'.'.. 

80 
35 

32 

936 

14 

39 

*24 

La.  

Me  

32 

»32 
32 
32 
32 
32 

32 
32 
32 
32 
32 

30 

52 

57 
52 
54 
52 

57 

57 
57 
57 
57 
52 

57 

45 

60 

Md  

80 

<34 

"50 

14 

12  40 

22 

13  go 

Mass  

70 

45 

48 

33 

28 

.... 

i<20 

58 

60 
60 



Mich... 

70 

50 
48 
50 

50 

14 

14 

33 

Mum  . 

80 

4? 

is  28 

60 

Miss  

80 

38 

38 
30 
30 
32 

33 

*24 

60 

Mo... 

»«28 

14 

36 

44 

SO 

48 

33 

48 
45 

56 

"60 
60 

Mont  

80 
80 

Nebr  

50 

50 

25 

3? 

33 

60 

Nev  

56 

50 
45 

48 

48 

50 

1513 

'60 
60 

60 

»sfr 

N.  H  

70 

1533 
33 

"20 

58 

N.  J... 

33 

N.  Mei.. 

N.  Y  

70 

32 

32 
32 

32 
32 
32 

57 
57 
52 

55 

57 

33 

60 

N.  C  

50 

50 
50 

50 
50 

14 

22 

60 

N.  Dak  

80 

60 

Ohio.... 

70 

34 
38 

48 
48 

33 

60 
60 

1842 

Okla  

56 

80 

i»28 

14 

36 

44 

33 

22 

48 
45 

56 

Oreg... 

28 

Pa.  

32 
32 

50 

50 

R.I 

70 

38 

50 

50 

48 

33 

J  60 

S.C  

S.  Dak  

80 

32 
32 

32 

52 
»  56 

57 

60 

Tenn  

19 

80 

2»50 
50 

2228 

14 

33 

50 

as  50 
50 

26 

28 

23 

2456 

30 

60 

70 

Tex  

Utah  

Vt  

32 
30 

32 

52 

57 

60 

Va  

80 

38 

50 

28- 

14 

34 

40 
28 

32 

22 

2560 

Wash... 

'45 

W.  Va  

32 

33 

Wis  

70 

80 

2«34 

50 

32 

57 

44 

33 

60 

Wyo 

1  Not  defined. 
1  Green  peaches. 
1  Green. 
« Malt  rye. 

•  Top  sets;  bottom  sets  32  pounds. 

•  Shelled,  56  pounds. 
'  Shelled,  dry. 

8  Strike  measure. 

9  Bottom  onion  sets. 

10  German  and  American. 
"  Shelled. 


2  Peaches  (peeled); unpeeled 32  pounds. 

3  Cowpeas. 

4  Roasted;  green  22  pounds. 

8  Not  stated  whether  peeled  or  unpeeled. 

6  Top  onion  sets. 

7  Including  split  peas. 

8  In  the  ear. 

9  Slacked  lime,  40  pounds. 

20  German,  Missouri,  and  Tennessee  mil- 

let seeds. 

21  Matured  onions. 


22  Bottom  onion  sets,  32  pounds. 

23  Matured. 

24  Matured  pears,  56  pounds;  dried  pears. 

26  pounds. 

26  Black-eyed  pease. 
28  Barley  malt. 

27  Includes  ' '  Rice  corn." 

28  "  Rice  corn." 

29  See  note  *>,  p.  7. 

30  Also  green  pease,  seed  pease,  and  split 

pease,  each  60  pounds. 


544  Laws  Concerning  Weights  and  Measures 

COMMODITIES  FOR  WHICH  BUSHEL  WEIGHTS  HAVE  BEEN  MORE  WIDELY  ADOPTED — Continued 


Potatoes 

Quinces 

9 

V 

<u 
to 

9 

a. 

S 

•o 

u 

1 
f 

Rutabagas 

1 

>. 

« 

Salt 

Shorts  i 

Sorghum  seed 

N 

3 
5r 

o 

"3 

Sf 

Tunothy  seed 

Tomatoes 

Tur- 
nips 

Walnuts 

« 

(U 

60 
60 
60 
60 
60 

60 
60 
60 

Potatoes  i 

Sweet  potatoes 

CO 

1 
I 

w 

i 

1 

.a 

S"* 

0) 

2 
§ 
O 

I 

H 

Common  Eng- 
lish turnips 

TT    C 

60 

Sfi 

Ala 

55 

60 

Sfi 

SS 

Ariz 

Sfi 

Ark 

60 

50 

14 

56 

54 

50 



50 

60 

57 

Cal 

Colo 

60 

56 
56 

80 

45 

60 

54 

45 

60 

50 

50 

70 

20 

50 

Del 

Dp 

60 

Via 

60 
55 

60 
60 

48 

56 

Sfi 

60 

56 

54 

60 

60 
60 

Ga 

41 

45 

55 

Hawaii 

56 

Idaho9 

HI 

50 
55 

46 
50 
55 

60 

Sfi 

55 

50 

45 

SS 

s  sssss  sssss  sssss  ss 

Ind 

60 

60 
60 
6  60 

56 

56 
56 
56 

50 

80 
80 
50 

45 

55 

Iowa 

48 

50 

14 

50 

250 
30 

35 

45 
45 
45 

50 
56 

55 
55 
fiO 

50 

Kv 

55 

La 

Me 

60 

60 

50 

50 

Sfi 

60 

56 
50 

70 

70 
70 

SO 

Md 

60 
60 

60 
54 
56 
55 
60 

56 

50 

314 

"26" 

50 

45 
45 
45 

60 
56 

60 
55 
58 

Mass          

48 

45 

50 

56 
56 
56 
56 

56 
56 
56 
56 
56 

Sfi 

"56" 

"so" 

50 
50 
50 
80 

Mich 

60 
60 
60 

60 

4  14 

Minn  

50 

4  14 

52 

57 
42 

42 

45 
45 

45 
45 

45 

"SS" 
SO 

42 

Miss  

Mo 

4  14 

SO 

Mont  

60 

Nebr  

50 
50 
54 

54 

60 

50 
50 

45 
45 
45 

45 

"56 
56 

55 
56 
55 

Nev.  .  . 

60 
S60 

N.H  

48 

50 

50 

70 

20 

N.  J... 

60 

N.  Mex... 

N.Y.... 

54 
56 
46 

50 
55 

60 

45 

50 

56 
56 
56 

Sfi 

"so" 

56 

70 

20 

45 

60 
60 
60 

60 
60 
60 
60 

60 

N.  C. 

556 

50 

4  14 

44 

50 

40 

45 
45 

45 
45 

50 
fiO 

«  50 

N.  Dak  

60 

Ohio... 

560 

56 
45 

60 
60 

Okla  

60 

50 

4  14 

50 

56 

Sfi 

80 

50 

42 



Oreg  

60 

Pa.  

56 

Sfi 

50 

85 
70 

R.I... 

54 

60 

50 

56 

20 

45 

56 

50 

S.C  

S.  Dak  

46 
50 

55 

60 

60 

60 

56 
56 

56 

80 
50 

50 

45 

42 
45 

45 

60 

60 
60 

60 

Tenn  

48 

4  14 

50 

56 
55 

50 
55 

50 

Tex.  . 

Utah  

Vt  

60 

56 
56 

Sfi 

70 
50 

45 

60 

»60 
60 

60 
60 
60 

Va  

56 

56 

12 

45 

SS 

Wash... 

60 

' 

W.Va  

60 

Sfi 

45 

Wis.... 

60 

54 

50 



45 

56 

50 

56 

50 

70 

20 



45 

42 

Wyo  

1  Not  defined. 

*  Sorghum  saccharatum  seed. 

3  Red  top  grass  seed  (chaff)  ;  fancy  32  pounds. 


s  irish  potatoes. 
•  Free  from  hulls. 


7  Ground  salt,  70  pounds. 

8  India  wheat,  46  pounds. 
6  See  note  !0,  p.  541. 


INDEX 


A  Page 

Accessories.    See  Appliances  and  accessories. 

Acre,  equivalent 41, 121, 133,260,277,317,335,353,387 

how  measured 41, 121,133,277,317 

Acre-foot  of  water,  denned 482 

Advertisements,  circulating  or  publishing  untrue  or  mis- 
leading   331 

Aericultural  colleges,  furnished  complete  set  of  all  weights 

and  measures  adopted  as  standard 4 

repairs  to  standards 5 

replacing  lost  standards 5 

Agricultural  products,  barrel  for,  dimensions 493 

use  of  flour  barrel,  half  barrel,  boxes,  or  crates  for,  not 

prohibited 493 

Alabama,  laws 17 

Alaska,  laws 23 

Alcohol,  calculating  value  by  alcoholometer 415 

Alcoholometer,  Gay-Lussac,  used  in  determining  value  of 

distilled  spirits 415 

Ale,  wine  measure  used  for  collecting  revenue 9 

Ale  measure,  authorized  standard 285 

Almonds,  how  sold 355 

Alewives,  boxes  for  smoked,  dimensions 203 

how  made 203 

Alfalfa,  weight  per  bushel 541 

Alsike  seed,  weight  per  bushel 539 

Ampere,  unit  of  current 8 

See  also  Electrical  units. 

Anthracite  coal,  weight  per  bushel 541 

Apatan,  unit  of  capacity,  value 414 

Appendix 537 

Apples- 
barrel  for,  capacity  and  dimensions 171, 

177, 242, 319, 334, 354,  492, 521 

how  marked 171,319,492 

of  less  capacity 319, 334 

of  other  shape 319, 522 

of  other  size,  unlawful  except  for  first  sale  within  the 

State 522 

number  of  bushels 463 

weight 492 

box  for,  capacity 99 

dimensions 27, 171,177,380,503 

short  box,  how  marked 171 

special  size,  dimensions 380 

dried,  how  sold 355 

how  sold 355 

weight  per  bushel 541 

Appliances  and  accessories,  authority  of  inspectors  and 

sealers  to  test 35, 

53, 114, 197, 222, 252, 322, 360, 404, 479, 486, 517 

T3 35 


Page 
Appliances  and  accessories,  may  be  condemned  or  seized, 

when jgy 

unlawful  to  use,  when 350 

weights  and  measures,  etc., certified  by  National  Bureau 

of  Standards  no  bar  to  further  tests 36 

Apricots,  how  sold 355 

Are,  unit  of  area 413 

Arizona,  laws 25 

Arkansas,  laws 27 

Arroba,  unit  of  mass 414 

unit  of  capacity,  value 414 

Ashes,  barrel  of,  minimum  weight 364 

bushel  of,  equivalent 489 

measure  for,  dimensions  and  form 41, 260, 261 

use  of  heaped  measure , 41, 260, 261 

B 

Babcock  test  for  milk  and  cream 57, 

131, 172, 229, 248, 275, 365, 381, 481, 525 
Bagging  and  ties — 

weight  of,  baling  cloth  per  yard 325, 501 

deductions  for 93,441,469 

how  ascertained 292 

not  to  be  included 291 

prescribed 93, 441 

to  be  marked 476 

Balita,  unit  of  area 4^ 

Banks,  required  to  have  sealed  weights 210,495,511,532 

tender  of  gold  illegal,  when 210,495, 511 

Bark- 
cord  of,  dimensions 169, 289,489,492 

number  of  cubic  feet 353,492 

number  of  pounds 388, 519 

how  measured 169 

measurers 288 

regulating  sale 169, 198, 209 

ton  of,  number  of  pounds 91, 388 

Barley,  how  sold 355 

weight  and  measurement  per  sack 19 

weight  per  bushel 541 

Barrel,  altering  brands  or  marks 119 

falsely  packed,  penalty  for  selling , 153 

marking  false  tare 362 

number  of  gallons : 27, 

41,56,99,121,176,185,224,260,278,318,354,388,463,521 

packing  less  than  required  weight 1 18, 362 

repacking   fruit  or   produce   in,  without  obliterating 

marks 329 

weight  to  be  stamped 29 

for  agricultural  products,  dimensions 493 

flour  barrel,  half  barrel,  boxes,  or  crates  not  prohibited ...      493 

545 


546 


Index 


Page 
Barrel,  for  apples,  capacity  and  dimensions 171. 

177, 242, 3 19, 334, 354, 492, 521 

how  marked i?i>  3 19>  492 

of  less  capacity 3X9, 334 

of  other  shape 319, 3=2 

of  other  size  unlawful  except  for  first  sale  within  the 

State 522 

number  of  bushels 463 

weight 492 

for  ashes,  pot  and  pearl,  dimensions 364 

minimum  weight 364 

for  beans,  dimensions i?7 

for  beans,  green,  hi  pods,  number  bushels 463 

for  beef  and  pork,  capacity 324, 438 

dimensions,  and  of  half  barrel 324*  363 

how  made 3*4) 363 

weight 117. 324, 363, 432>438, 463 

for  beets,  dimensions 1 77 

for  brocoli,  dimensions i?7 

for  buckwheat  flour,  weight,  and  of  subdivisions 218 

weight  to  be  marked 218 

for  buckwheat  meal,  dimensions 313, 333 

how  branded 333,333 

how  packed 322, 323 

weight 322, 323 

for  cabbage,  dimensions 177 

for  cantaloupe,  number  of  bushels 463 

for  carrots,  dimensions 177 

for  charcoal,  capacity. 236 

for  chops,  how  branded 160 

weight 18 

weight  to  be  marked 160 

for  clam  bait,  dimensions 169 

gallons 203 

for  coal,  capacity 159, 160 

number  of  pounds 236 

for  corn,  weight  to  be  marked 87 

for  corn,  green,  with  shucks,  number  bushels 463 

for  corn,  matured,  with  shucks,  number  bushels 463 

for  corn,  on  the  cob,  weight 77 

for  corn,  shelled,  weight 77 

for  cranberries,  capacity 295 

dimensions 185, 295, 522 

of  less  capacity  prohibited 185 

of  other  shape,  illegal 522 

of  other  sizes  unlawful  except  for  first  sale  within  the 

State 522 

for  feeding  stuffs,  to  bear  statement  of  net  pounds 89 

for  fertilizer,  capacity 436 

how  branded 160 

to  bear  net  weight 160 

for  fish,  capacity,  and  of  half  barrel 202, 436 

how  branded 363 

how  made 202 

weight 202, 363, 463 

for  flaxseed  oil,  weight,  how  ascertained 363 

for  flour,  size 216,323,362,467 

to  be  considered  standard 172 

of  flour,  altering  inspectors'  marks 119 

dimensions 81,216,323,362,467 

misbranding 321, 323 

tolerance 94, 9S 


Page 
Barrel,  of  flour,  weight  ...............................   56,  81,  94, 

106,  117,  134,  161,  178,  185,  218,  235,  242,  278, 


of  subdivisions  ................................   81,  94,  106, 

134,  161,  218,  235,  242,  278,  323,  340,  377,  438,  472 
to  be  marked  ...................  29,87,94,127,160,237,472 

of  flour,  buckwheat,  weight,  and  of  subdivisions  .....  218,  219 

of  flour,  rye,  dimensions  ..............................  66,  323 

weight,  and  of  subdivisions  .................  66,  134,  218,  323 

to  be  marked  ......................................      218 

for  fruit,  capacity  ......................................      521 

dimensions  ....................................  216,354,521 

how  branded  ........................................      354 

of  other  shape,  lawful  ................................      521 

of  other  sizes  unlawful,  except  for  first  sale  within  the 
State  ..............................................      521 

of  grain,  true  weight  to  be  stamped  ....................        88 

of  grits,  how  marked  ..................................  94,  218 

tare  ..................................................       94 

tolerance  .............................................        94 

weight,  and  of  subdivisions  ......................  19,  94,  218 

of  kale,  dimensions  .....................................      177 

of  lard  oil,  weight,  how  ascertained  ....................      363 

of  lime,  weight  .......................................  224,  521 

of  Unseed  oil,  weight,  how  ascertained  .................      363 

of  meal,  dimensions  ..................................  362,  467 

how  branded  ......................................  161,  362 

how  made  .........................................  362,  467 

packer  to  put  in  full  weight  ..........................      416 

weight,  and  of  half  barrel  ..................  161,  235,  362,  438 

of  meal,  corn,  how  marked  ............................  94,  218 

tare  ..................................................       94 

tolerance  ............................................        94 

weight,  and  of  subdivisions  ..............  18,94,  218,438,472 

of  meal,  Indian,  dimensions  .......................  66,322,323 

how  packed  ........................................  322,323 

misbranding  .......................................  322,323 

net  weight  to  be  marked  .............................        66 

tare  ..................................................        66 

weight  ..........................................  66,322,323 

of  melons,  number  bushels  ............................      463 

of  onions,  dimensions  ................................  177,  354 

of  oysters,  number  of  tubs  ............................  20,  238 

of  parsnips,  dimensions  ................................      177 

of  pears,  capacity  ............................  319,320,334,521 

dimensions  ...........................  .•  ........  177,334,  521 

of  less  capacity,  how  marked  .........................      334 

of  other  shape,  unlawful  .......................  320,  334,  521 

of  other  size,  how  marked  ..........................  319,  320 

unlawful  except  for  sale  within  the  State  ...........      522 

of  peas,  dimensions  ....................................      177 

of  peas,  green,  in  hull,  number  bushels  .................      463 

of  potatoes,  capacity  ..........................  ;  ......  319,  320 

dimensions  ........................................  177,  354 

how  marked  ....................................  88,319,320 

number  of  bushels  ...................................      463 

other  size  ..........................................  319,  320 

weight  ..........................  56,150,169,  185,319,463,521 

of  potatoes,  sweet,  dimensions  .........................      177 

how  marked  .........................................        88 

number  of  bushels  ...................................      463 

weight  ............................................     185,  463 


Index 


547 


Page 
Barrel,  of  proof  spirits,  number  of  gallons 10 

of  quinces,  capacity 319, 320, 334 

dimensions , i77>334 

other  shape 319, 320, 334 

other  size,  how  branded 320,334 

of  roots,  dimensions 216 

of  salt,  altering  inspectors'  marks 119 

jiving  short  weight 466 

how  branded 363 

tare,  regulated 364 

weight 402 

to  be  marked 363 

of  soft  turpentine,  dimensions 92 

how  made 92 

of  spinach,  dimensions 177 

of  truck,  dimensions 493 

flour  barrel,  half  barrel,  boxes,  or  crates  not  prohib- 
ited       493 

of  turnips,  dimensions 177 

number  of  bushel 464 

of  vegetables,  dimensions 216, 354 

Barrel  staves,  size 291 

Basket  or  box — 

for  berries,  capacity 135, 177, 204, 203, 279, 289, 318, 522 

dimensions 177 

how  filled 289, 318 

how  marked 135, 279 

may  be  seized,  when 205, 289 

may  be  tested,  when 205, 289 

not  required  to  be  sealed 205 

not  to  be  refilled 74 

use  of  other  size 204, 205, 289, 328, 522 

variation  allowed 328 

for  coal,  capacity 327, 430 

dimensions 430 

how  filled 327, 430 

use  of  basket  of  different  size 327, 430 

for  charcoal,  capacity 170, 199, 287, 501 

dimensions 170,287,435,501 

how  filled 170, 435 

how  marked 199 

required  to  be  sealed 435 

seizure  of  unlawful 435 

for  fruit,  capacity 216 

dimensions 306 

how  marked 177,217 

other  size,  how  marked 306 

must  be  of  represented  capacity 316 

for  kindling  wood,  number  of  baskets  to  cord 435 

size 435 

unsealed  baskets  to  be  seized 435 

for  shrimp,  weight 162 

for  vegetables,  must  be  of  represented  capacity 216 

Beams.    Ste  Testing  of  weights    and   measures:  False 

weights  and  measures. 
Beans — 

barrel  for,  dimensions .' 177 

number  of  bushels 463 

weight  to  be  marked 88 

how  sold 355, 435 

weight  per  bushel 541 

weight  to  be  marked 87 


Page 
Beef- 
barrel,  altering  inspector's  marks 119 

dimensions 363 

how  made 324,363 

weight 117, 324, 363, 432, 438, 463 

fraudulently  packing 96, 118, 153 

tierce,  capacity 324 

how  made 324 

weight 324 

Beer,  standard  gallon 99, 224 

wine  measure  used  in  collecting  revenue 9 

Beer  measure,  authorized  standard 285 

use  in  sale  of  milk 99, 224 

Beggar-weed  seed,  weight  per  bushel 539 

Bermuda  grass  seed,  weight  per  bushel 539 

Beets,  barrel  for,  dimensions 177 

how  sold 355 

weight  per  bushel 541 

Berries — 
basket  or  box  for,  capacity. . .  135, 177, 204, 205, 279, 289,318, 522 

dimensions 177 

how  filled 289, 318 

how  marked 135, 279 

may  be  seized,  when 205, 289 

may  be  tested,  when 305, 289 

not  required  to  be  sealed 205 

not  to  be  refilled 74 

use  of  other  size 204, 205, 289, 328, 522 

variation  allowed 328 

crate  for,  capacity 533 

other  sizes  unlawful  except  for  first  sale  within  the 

State 522 

how  sold 74, 205, 361, 434 

Beverage,  how  sold 350 

number  of  cubic  inches  to  gallon 350 

Bill  of  lading  to  show  true  net  weight 375 

Biscuits,  weight a88 

casks  for,  size 364 

weight  to  be  marked 364 

Blackberries — 

basket  or  box  for,  capacity 204,289,318,523 

how  filled 289, 318 

not  conforming  to  standard 205,328, 522 

not  required  to  be  sealed 205 

sealers  may  seize,  when 205, 289 

may  test,  when 205, 289 

how  sold 177, 522 

variation  allowed  in  sale 338 

weight  per  bushel 539 

Blueberries.    See  Blackberries. 

Blue-grass  seed,  how  sold 34* 

weight  per  bushel 541 

Board  measure,  when  used 80, 242, 340, 440 

Bottle  of  food,  to  bear  true  net  weight 458 

Bottles  and  jars  for  milk  and  cream,  capacity ...  135, 279, 3 18, 52* 

how  filled 79 

how  marked 194, 255, 318, 520 

legal  measures,  when 194, 195 

sealing 194, 196, 254, 434, 530 

selling  by  short  bottle 336 

tolerance 79, 173, 194,318, 530 

Box,  altering  marks 126,467 


548 


Index 


Page 

Box,  for  alewives  and  herring,  dimensions 203 

for  apples,  capacity 99 

dimensions 27, 171, 177,38°-  503 

short  box,  how  marked *  7 1 

special  sizes 38° 

for  cranberries,  dimensions. . 296 

rounded  measure  used 296 

for  fruit  or  vegetables,  must  be  of  represented  capacity .       216 

for  hops,  dimensions. 122,380, 523 

weight 38o 

for  ice  cream,  tolerance  . . 78, 79 

for  peaches,  cubic  capacity 216 

for  pears,  dimensions  of  standard  size 5°3 

for  soap  and  candles 364 

fraudulently  increasing  weight 257262,372,424 

marking  false  tare 362 

repacking  fruit  in  without  obliterating  marks 329 

standard,  how  marked '77 

use  of  not  prohibited  for  agricultural  products 493 

Bran,  how  sold 355 

measure,  form,  and  dimensions 3T9 

number  of  quarts  to  bushel 3*9 

number  of  pounds  per  bushel 54* 

weight  to  be  marked 29, 87, 160 

weight  per  sack *9 

Braza,  unit  of  length,  value  in  meters 4*4 

Brazil  nuts,  how  sold 355 

Bread ,  fancy,  provisions  not  applicable 204 

how  sold i35>  204, 308, 410 

price  of,  to  be  posted 204 

regulating  weight  and  quality 246,271,348,410,473 

seller  to  keep  scales 236 

short  loaf 69, 96 

to  be  labeled *35, 279;  35* 

to  be  weighed,  when 204 

weight '. 69, 135, 204, 279, 288,351 

weight  to  be  specified  to  consumer 308 

Breadstuffs,  dimensions  of  container 66 

Brick,  cities  may  regulate  inspection 217 

number  to  foot  wall 45 

number  to  8-inch  wall 45 

size 45, 268 

unlawful  to  use  other  size,  when 268 

Brickwork,  perch 45 

Brocoli,  dimensions  of  standard  barrel 177 

Brome  grasses,  seed  of,  weight  per  bushel 540 

Broom-corn  seed,  how  sold 355 

weight  per  bushel 541 

Bromus  inermus,  weight  per  bushel 539 

Brussels  sprouts,  sold  by  dry  measure 177 

Buckwheat,  how  sold 355 

weight  per  bushel 541 

Buckwheat  flour,  weight  of  barrel  and  subdivisions.  . . .  218, 219 

weight  to  be  marked 218, 219 

Buckwheat  meal,  how  packed  and  branded 322,323 

weight  and  dimensions  of  barrel 322, 323 

Bureau  of  Science,  standards  deposited  in 413, 416 

Bureau  of  Standards,  purpose 383 

See  also  National  Bureau  of  Standards. 

Burr  clover,  weight  per  bushel 539 

Bushel,  table  of  legal  weights  in  pounds  of  various  com- 
modities   S39~544 

See  also  Units  of  weights  and  measures;  Measures. 


Page 

Butter,  casks  for,  capacity 467 

full  weight  required 42, 102.  263 

howmarked 58, 135,  279,380,433 

how  packed 364 

how  sold 355 

marking  false  tare 362 

weight  of  standard  package 135, 279,380 

weight  to  be  stated 58, 102,364,481 

when  underweight — • 

how  sold  and  labeled 135 

wrapper  not  included 263 

Buttons,  measure 1 1 


Cabbage,  how  sold 355 

standard  barrel  for,  dimensions 177 

weight  per  bushel 539 

California,  laws 33 

Canary  seed,  how  sold 355 

weight  per  bushel 539 

Candles,  net  weight  to  be  marked  on  packages 364 

Candy,  how  sold 355 

Canned  oysters,  clams,  etc.,  how  sold 439 

Cannel  coal,  weight  per  bushel 541 

Cans  for  milk,  capacity  to  be  marked 100, 289,307, 502 

mutilating,  penalty 173 

sealing 65, 172, 289,434. 502 

size,  for  wholesale  trade 173 

stamping 65 

Cantaloupe,  number  bushels  to  barrel 463 

weight  per  bushel 539 

Capacity,  electrical  unit  of 8 

Car,  stamping  false  tare 480 

Carat,  international  carat  or  quilate,  equivalent  in  milli- 
grams   414 

Carrots,  how  sold 355 

standard  barrel  for  dimensions 177 

weight  per  bushel 541 

Cars,  coal :  28,29,375 

manner  of  weighing 147, 5°6 

mine,  how  weighed 183 

railroad,  how  weighed 129 

neglect  or  refusal  to  weigh 129 

regulations 227 

test,  how  provided 507, 508 

Cask— 

for  breadstuffs,  for  exportation,  dimensions  and  weight.  66 

how  marked 66 

for  biscuits,  net  weight  and  tare  to  be  marked 364 

for  butter  or  lard  for  exportation,  capacity 467 

how  made 467 

for  fish,  capacity  in  gallons 202 

dimensions 202 

how  made 202 

for  flour,  for  exportation,  dimensions 66 

weight , 66 

for  gunpowder,  weight 206 

for  lime,  capacity 207 

how  made 207 

for  nails,  how  marked 207 

net  weight  to  be  branded 207 

gauging,  by  Gunter's  rule 43* 

fees...                                                            432 


Index 


549 


Page 

Castor  beans,  weight  per  bushel 54* 

Castor  oil,  weight  per  gallon 14° 

Castor-oil  bean,  how  sold 355 

Castor  seed,  weight  per  bushel 539 

Cattle,  fees  for  weighing 204 

weighing,  on  public  scales 437 

Cattle,  neat,  correct  weight  to  be  given 216 

weighable  parts •  •  •  •       433 

Cauliflower,  how  sold 355 

Cavan,  unit  of  area,  value 415 

Cement,  weight  per  bushel 539 

Cental,  measurers  of  grain  to  give  certificate  of  sale 205 

number  of  pounds 186, 205 

sale  of  grain,  etc 205 

Centigrade,  thermometric  scale,  use  of,  in  Public  Health 

and  Marine-Hospital  Service S 

Chain,  for  measuring  land,  value.  41, 121, 133, 260, 277, 317, 339, 353 

how  tested 339 

surveyor's,  used  in  evidence,  when 359 

official  certificate  for,  to  be  prima  facie  evidence  of 

correctness 331 

Charcoal,  bags  for,  how  marked 199 

barrel  for,  number  of  bushels 236 

bushel,  equivalent  of,  in  pecks 489 

number  of  cubic  inches...  45,56,64,178,215,242,356,368,388 

baskets  for,  dimensions  and  capacity 170, 435, 501 

how  marked I99 

sealing 435 

fee 428 

box  may  be  used  for 501 

cord,  number  of  bushels 17° 

council  may  provide  for  weighing 246 

delivery  ticket  for  dealer  must  give 3!2 

furnished,  when 296,326 

required,  when 521 

how  sold 77,236,260,287,296,326,521 

measures 77 

dimensions  and  form 260 

half  bushel  and  parts  are  standard 379 

how  heaped 260, 379 

possessing  illegal 201 

seizure 201 

refusing  to  allow  sealer  to  weigh 327 

sealer  may  reweigh,  when 200, 327 

selling  by  weight 199 

ton,  number  of  pounds 326 

variation  in  weight  allowed 326 

weight  per  bushel 541 

Checkweighman,  at  mines,  duties  of ,  etc 21, 

48, 109, 119, 130, 143, 154, 184, 314, 374, 466, 482, 508, 534 

Cheese,  full  weight,  exclusive  of  wrapper,  required 263 

how  sold 355 

Cherries — 

baskets  for,  capacity 204, 205, 289 

not  conforming  to  standard,  penalty  for  use  of. .  204, 205, 289 

not  required  to  be  sealed 204, 205, 289 

sealers  may  seize,  when 204, 205, 289 

may  test,  when 204, 205, 289 

box  for,  capacity 522 

other  sizes  unlawful  except  for  first  sale  within  the 

State '  522 

measures  for,  capacity  of  standard 318 

package  for,  penalty  for  use  of  one  of  less  capacity 328 

sale  of,  by  dry  measure 177 


Page 
Cherries — 

sale  of,  by  level  measure 289 

in  less  quantity  than  i  bushel 523 

variation  allowed , 328 

weight  per  bushel 539 


Chestnuts — 

sale  of,  by  dry  measure 177 

by  strike  or  level  measure,  when 205 

weight  per  bushel 541 

Chinquapins,  sale  of,  by  dry  measure 177 

Chops,  net  weight  to  be  marked 18,  29, 160 

size  of  containers 18 

weight  per  sack 19 


Chufa,  weight  per  bushel 539 

Chupa,  unit  of  capacity,  value  of  in  liters 414 

Cities  and  towns — 
powers  of  mayors  and  council  as  to  bread. .  246, 271, 272, 348, 473 

false  weights  and  measures 18, 271, 272,362 

fees  and  compensation  of  sealers  and  inspectors 34, 

165, 167, 171, 193, 198, 237, 360, 428 

inspection  and  weighing  of  commodities,  etc 18, 94, 

107, 119, 140, 142, 169, 171, 198, 207, 237, 243, 245, 271, 272, 
285,  292, 348, 362, 372,  394, 403, 405, 406, 437, 473)  48l)  54* 
inspection  and  inspectors  and  sealers  of  weights  and 

measures 18, 

108, 114, 123, 124, 139, 156, 158, 168, 171, 194, 198, 203, 
204, 205, 206, 207, 208, 210, 217, 224, 237, 245,  271, 272, 
283, 285, 313, 322, 348, 360,  372, 403, 405, 426, 430, 432 

keeping  correct  weights  and  measures 119, 348, 481, 502 

public  and  other  sealers 18, 142, 165, 224, 293, 304, 405 

standards 53,189,210,235,455,465,516 

Civil  service,  applicable,  when 297 

what  sealers  and  inspectors  in  clasisfied 211 

Clam  bait — 

barrel  for,  capacity  in  gallons 203 

dimensions  of 169 

Clams,  number  of  bushels  contained  in  package  to  be 

marked 439 

unopened,  how  sold 410 

Clark's  cell,  equivalent  of  volt  with  reference 8 

Clover  seed,  how  sold 355 

weight  per  bushel 541 

279 
28, 
521 
304 


Coal,  barrel  or  bag 160, 199, 236 

certificate  of  weight 

29i  49)  58,  74>  75i  279) 296, 304, 312, 326, 406 

fees  for  weighing 292 

for  public  service 12 

license  required  for  selling 201, 263 

measure 41,201,356,394,428,430 

penalty  for  selling  contrary  to  law 28, 

29,  49, 75, 118, 141, 148, 150, 242, 243, 264,304, 
328,  330,  356,  375,  389, 390,391,409; 43°.  494 

'railroads,  general  duties,  etc 28, 29, 129,375 

scales  for  weighing 21,62,191,247,427,456 

sold  by  weight 58, 

74,  75,  129,141,157.170-199,200,243,296,304, 
326,327,355,361,  394,  395)  408,  424,494,521 

tolerance  allowed 326, 389 

ton,  number  of  bushels 261 

number  of  cubic  feet 50 

number  of  pounds 12, 

21,25,42,47,79,101, 160,  I^(„  178,  183,199, 
224,  236,  242,  261,  262,  264,  279,  318,  326, 

356,  388,  389,  394,  4")430,43l,48o,502,503 


550 


Index 


Page 

Coal,  weighing  and  inspection 75. 

81, 82, 158,  169,  170,  198, 199, 200, 217, 237, 243,  246.  2?i 
3°4-  327.  330,  348,  372,  389,390,394.43°.  437.  514.  532 

Cod  liver  oil,  weight  per  gallon 14° 

Coffee,  fraudulently  increasing  weight 424 

how  sold 355 

to  bear  statement  of  net  weight  or  measure 269, 270 

Coin  silver,  percentage  of  pure  silver  required 361 

sale  of  goods  improperly  marked 361 

Coinage,  decimal  system  established 12 

of  money  regulated  by  troy  pound  of  the  Bureau  of 

Standards » 

Coins — 

gold,  denominations  of 13 

deviations  allowed 13 

standard  of  value 13 

tolerated  loss  of  weight  by  abrasion 14 

gold  and  silver,  standard  fineness 12 

silver,  weight  of  standard  silver  dollar 13 

weight  of  subsidiary  coins 13 

silver  and  minor,  deviations  allowed 13 

Coke,  bag  to  be  marked 199 

bushel  for,  cubic  capacity 242, 356, 368, 395 

certificate  of  weight  required 49. 74. 75> 3" 

cities  and  towns  may  require  to  be  weighed  on  public 

scales 437 

delivery  ticket  furnished,  when 296 

required 74. 75. 326)  5" 

how  sold 35S 

license,  dealers  must  have 201 

measures,  capacity 356 

dimensions 356 

possessing  illegal. 201 

sealer  may  weigh 199, 327 

selling  by  weight 199, 296, 326, 521 

ton,  number  of  pounds 326 

variation  in  weight  allowed 326 

weight  per  bushel .- 542 

Collector  of  internal  revenue,  to  procure  and  distribute 

apparatus  for  sealing 416 

Colorado,  laws 45 

Commodities,  full  weight  required ' 38, 39, 42, 502 

how  sold 135, 354, 519 

may  be  seized  as  evidence,  when 116, 223 

testing  weight  or  measure 37, 53, 116, 223, 252, 282 

Compensation.    See  Fees  and  compensations. 

Condiment,  net  weight  to  be  marked  on  package 227 

Congress — 

constitutional  powers  of,  to  coin  money i 

to  fix  standard  of  weights  and  measures i 

Connecticut,  laws 51 

Constitution — 

power  given  by,  to  coin  money i 

to  fix  standard  of  weights  and  measures i 

State,  prohibits  creation  or  continuance  of  State  office . .  1 7, 383 

power  given  legislature  by,  to  appoint  officers 33 

to  regulate  weights  and  measures 33 

Consular  reports,  manner  of  expressing  weights  and  meas- 
ures           9 

Container,  defined 283 

net  weight,  measure,  or  count  to  be  marked 280 

not  included  in  weight  of  butter  and  cheese 263 

not  included  in  marked  weight 269,270 


Page 

Container,  required  to  have  net  weight  marked 89, 350, 458 

weight  of  article  to  be  exclusive  of  container 350 

Containers,  sealer  and  deputies  may  test  weight  of  com- 
modities put  up  in 281 

Contracts — 

how  construed  as  to  bushel 224 

hundredweight 149, 194, 224, 287,379, 489, 521 

metric  system,  use 3,464 

net  weight 194, 287,379, 521 

sale,  or  purchase  of,  cotton 291 

fruit  in  barrels 52:1 

goods 17, 

41,  87,  105,  Il8,  122,  135,  215,  235,  26l,  280,353)379.  424 

grain. , 118,205 

meal 205 

personal  property 320 

quintal  of  fish 203 

ton 149, 489, 521 

work 17,41,87,105,122,135,235,261,280,320,353,424 

Cord,  length  of  cordwood 398 

of  bark,  dimensions 169 

number  of  pounds 91,388,519 

number  of  cubic  feet 353 

of  charcoal,  number  of  bushels 170 

of  kindling  wood,  dimensions  of  baskets 435 

number  of  baskets 435 

of  wood,  dimensions 82, 

92,169,209,289,340,353,398,435,489,492 

how  packed 92,398 

number  of  cubic  feet 12,83,169,224,279,289,353,489,492 

vendor  to  give  written  statement  of  quantity 279 

Corn,  measures  may  be  appointed r68 

railroads  to  weigh,  when 29 

weight  per  bushel 542 

bag  of,  manner  of  marking 88 

weight  to  be  marked 87 

barrel  of,  manner  of  marking 88 

weight  to  be  marked 87 

green,  with  shucks,  number  bushels  to  barrel 463 

Indian,  in  the  ear,  dimensions  and  form  of  measures. .  41, 260 

how  heaped 41,261 

use  of  heaped  measure 41, 260 

weight  per  bushel 542 

in  ear,  how  sold 355 

matured,  with  shucks,  number  bushels  to  barrel 463 

on  the  cob,  weight  per  barrel 77, 178 

sack  of,  capacity 19 

weight 19 

shelled,  how  sold 355 

weight  per  barrel 77>i?8 

sweet,  dried,  how  sold , 355 

sweet,  in  ear,  how  sold 355 

Corn  hearts,  weight  per  sack 19 

Corn  meal — 

barrel  of,  how  marked 94, 472 

tare  of  to  be  marked 94 

how  sold 18, 94,355 

sacks  of,  how  marked 94>339>377>47a 

number  bushels 438 

tare  of  to  be  marked 94 

weight 18,94, 106, 134. 278, 339, 377>  438,47" 

weight  per  bushel 542 

weight  to  be  marked 18, 237,339 


Index 


Page 

Corn  meal — 
Indian,  for  exportation — 

barrel  of,  dimensions 66 

tare  and  net  weight  to  be  marked 66 

weight 66 

hogshead  of,  dimensions 66 

tare  and  net  weight  to  be  marked 66 

weight 66 

Corn  products,  to  bear  statement  of  net  weight  or  measure 

of  contents 269 

Corporations,   officers  and  managers  of,  responsible  for 

weights  and  measures  used 40 

municipal.    See  Cities  and  towns. 
Cottoline,  to  bear  statement  of  net  weight  or  measure  of 

contents *?o 

Cotton- 
bagging  and  ties  for,  weight  of  prescribed 93  •  44* 

weight  of,  how  ascertained 292 

•weight  of  not  to  be  included 291 

weight  of  to  be  marked 476 

bale  of,  minimum  weight 442 

contracts  for,  how  construed 291,  44* 

deductions  from  weight  for,  bagging  and  ties  allowed, 

when 93)  441*469 

scalage,  unlawful 29,94,162,237,340,441,469 

wet  or  damaged  cotton 94>  162, 240, 340, 469 

exact  weight  to  be  given  regardless  of  condition 469 

fees  for  weighing 29, 95, 341, 469 

fraudulently  increasing  weight 25, 

42, 96, 262, 331, 349, 372, 468, 480 

how  marked 3°>  93>  373 

railroads  to  weigh,  when 29 

tare  on,  prohibited 44* 

weighing 239, 240,341,432,442,468,473 

Cotton  goods,  penalty  for  misrepresenting  quantity 178 

Cotton  platform,  regulating  of 442;  446 

Cotton  seed,  how  sold 355 

weight  per  bushel 542 

staple,  weight  per  bushel 539 

Cotton  weighers,  appointment  and  duties 939, 

240,432,442,468,473 
Cottonseed  hulls,  in  bales  or  packages,   weight  to  be 

marked 95 

weight  in  sack 19 

Coulomb,  electrical  unit  of  quantity 8 

See  also  Electrical  units. 
Councils.    See  Cities  and  towns. 
Court.    See  Evidence. 
Cranberries — 

barrel  for,  capacity 295 

dimensions 185,295,522 

how  marked 295, 522 

of  other  shape 523 

of  other  size  unlawful,  except  for  first  sale  within  the 

State 523 

box  for,  dimensions 296 

crate  for,  capacity 185, 522 

dimensions 185, 296 

of  other  shape 185 

of  other  size  unlawful,  except  for  first  sale  within  the 

State 5*3 

how  sold 355 


Page 
Cranberries — 

sale  of  by,  dry  measure 177, 318, 522 

rounded  measure 296 

strike  or  level  measure 205, 318 

weight ". 186 

variation  allowed  in  sale 328 

weight  per  bushel 543 

Crate— 

for  cranberries,  capacity 185 

dimensions 185, 296 

how  filled 296 

other  shape 185 

for  fruit,  capacity 523 

other  size  of  unlawful  except  for  first  sale  within  the 

State 523 

use  of,  not  prohibited  for  agricultural  products 493 

Cream.    See  Milk. 

Cucumbers,  weight  per  bushel 543 

Culm,  number  of  bushels  to  ton n 

weight  per  bushel 539 

Currants — 

container  for,  capacity 204, 205, 289,318,533 

how  filled 289,318 

may  be  seized,  when 205, 289 

may  be  tested,  when 204, 205 

not  required  to  be  sealed 205 

of  less  capacity,  unlawful 328, 522 

variation  allowed 328 

weight  per  bushel 539 

Current,  unit  of  electrical 8 

See  also  Electrical  units. 

r> 

Dairy  products,  to  bear  statement  of  net  weight  or  measure 

of  contents 269, 270 

Dates,  how  sold 355 

Decimal  system,  established  for  coinage 13 

Delaware,  laws 61 

Dimensions  of  measures.    See  Measures. 

Diplomatic  reports,  manner  of  expressing  weights  and 

measures 9 

Director,  Bureau  of  Standards,  appointment  of,  powers 

and  duties x 

to  make  annual  report i 

Director  of  Mint,  to  procure  a  series  of  standard  weights. .          a 

District  of  Columbia,  laws 71 

Doyle's  rule,  for  measuring  logs 28, 89, 160, 236 

Drivers,  of  ice  wagon,  coal  wagon,  etc.,  sealer  or  inspector 

may  stop 37,114,115,192,222,252,322,404,409,486 

Duties.    See  Officers  in  charge  of  standards  and  testing. 

E> 

Eggs,  weight  per  dozen iaa 

Electric  meters 324 

Electrical  units,  ohm,  ampere,  volt,  coulomb,  farad,  watt, 

henry 8, 9 

Electricity,  defrauding  buyer  or  seller 524 

Electromotive  force,  unit  of 8 

See  also  Electrical  units. 

Endive,  how  sold 355 

English  system,  equivalents  hi  metric  system 3 

may  be  employed,  when 415 

use  continued  as  to  manufacturing  lumber 415 


552 


Index 


Page 

Evidence,  certificate  of  correctness  shall  be 303>  33 1 

certificate  of  public  weighmaster  to  be  prima  facie. . .  115, .285 

certified  weigh  bill  to  be  presumptive,  when 5°5 

delivery  of  fraudulent  bill  of  lading  of  coal  presumptive.  330 

false  or  unsealed  apparatus  may  be  seized  for 55. 

116, 192, 223, 288,347, 4°5 

lumber-inspection  bill  to  be  presumptive 102 

pleading  in  court  not  deemed  invalid  on  account  of  use 

of  metric  system 3 

possessing  misbranded  food  prima  facie,  of  violation 350 

possession  or  use  of  false  weight,  or  other  apparatus  is 

presumptive 333 

presence  of  weights  or  measures  is  presumptive,  of  use. .  302 

sale  and  delivery  of  commodity  shall  be 135.  *$(>>  281 

surveyor  may  give,  when 331 

surveyor  not  to  give,  when 359 

weighmaster's  certificate  to  be  seized  as 4°7 


False  scales,  weights,  and  measures — 

definition  and  tolerance,  definition 25,42,101,424,480,502 

tolerance 73. 78, 79>  582 

procedure  and  disposition  of,  may  be  condemned  or 

seized,  when 38, 54,  55,  63. 7*. 

73,  77,  n6,  126,  137,  138,156,166,170,176,  192,  193. 
197,  201,  210,222,223,254,259,281,287,301,304,  312, 
333. 338, 339;  344) 347>  356, 357; 360,  362,  367,  401, 404, 
405, 428, 435, 439; 454; 465» 487.  494.  496,  51°) 5*7)530 

maybe  destroyed,  when 54,731222,301,333,338, 

339.344)356,367)4°I)439)454)494)496)5IO)5I7)530 

may  be  repaired  and  sold 126, 176 

tagging  and  marking  of;  unlawfully  removing  tag. . .       54, 
74,158,166,193,254,281,301,347,452 

upon  complaint 91, 127, 152 

use  of  incorrect  track  scales  prohibited 504 

unlawfully  disposing 38 

giving  false  weight  or  measure 25, 46, 55, 57, 

73,75,91,101,  106,  117,  118,126,  136,140,  142,  153,  207, 
210,218,224,236,256,  262,  263,  280,286,303,349,360,362, 
365)372)429)466,467)468,479.  480,  487,  501)502,503,535 

marking  false  weight  or  measure 20,23,25,30,81,177, 

226, 245, 262, 272, 302,333, 362, 367, 380, 424, 467, 468, 480 

possession 206, 236, 

256, 267, 286, 302, 333, 344, 367, 399, 454, 465, 487, 502, 524 

selling 303 

using 18,19,20,23,25,38,39,43,55,62,63, 

76,  87,  96,  97,  99, 101, 107,  in,  116, 118, 119, 126, 143,  146, 
149,  152,  156,  160, 162, 167, 170, 193, 201, 222, 226, 251, 266, 
267,  280,  287,  302, 310, 314, 332, 333. 337)  339. 344) 346, 359, 
360,365,367,374,380,399,400,420,421,422,424,429,430, 
436,  454,  464,  466,  472,  479.48o,  500, 502, 511, 524, 531,  532 

Farad,  unit  of  capacity '.          8 

See  alto  Electrical  units. 

Feed,  chopped,  how  sold 355 

weight  per  bushel 539 

weight  per  sack 134,472 

Feeding  stuff,  bags  and  sacks,  weight 19, 20, 469 

definition 59, 

108, 144, 145, 182, 293, 373, 410, 439, 458, 469, 490 

net  weight  to  be  marked 20, 

59, 89,96, 108, 128, 144, 145, 182,  220, 206, 237,  238, 

293.  308,  349)364)365)373)410,439,458,  472,  490 

seizure  and  sale  authorized,  when 89 


Page 
Fees  and  compensation,  counties,  cities,  and  towns  may 

fix 34,40,45,71,72,176,193,414 

for  gauging 159, 432 

for  inspecting  barrels,  casks,  etc 66 

for  inspecting  lumber 80, 126 

for  measuring 205,209,289,304.397,403,441 

for  sealing  glass  bottles  and  jars 79, 176 

for  stamping  milk  cans 65 

for  stamping  oyster  measures 238 

for  testing  gas  meters 69, 358, 366 

for  testing  surveyor's  apparatus 210 

for  use  of  test  car 205 

for  use  of  track  scales 147 

for  weighing 84,86.95, 112,146, 153, 160, 179,203, 

204, 228, 239, 341) 344. 370, 406, 433, 439, 442,  455, 469, 475 

for  weighing  and  inspecting  cotton 29, 30, 95, 341, 469 

of  National  Bureau  of  Standards 2 

of  sealers 61, 62, 77, 78,  79, 107, 126, 138, 

151, 156, 168, 181, 193, 223, 256, 257,  268,  285,  286,309,313, 
338,  347,  359.  369,  428,  452,  465.488,499)503)507)510,531 

for  labor  and  material 176,428,465,500,531 

of  State  sealers 27,97,99, 107,138,286,418,419,479 

of  township  sealers 214, 215 

method  of  keeping  check 250 

railroad  and  warehouse  commission  to  fix 231 

Fertilizer,  capacity  of  barrel  of  fish  used  for 436 

container  for,  to  bear  statement  of  weight 18, 

29, 160, 204, 219, 334, 365, 380, 411, 436, 440, 477, 490, 495 

Fescue,  weight  per  bushel 539 

Figs,  how  sold 355 

Filberts,  how  sold 355 

Firkin,  of  butter,  net  weight  to  be  marked 364, 433 

of  lard,  net  weight  to  be  marked 364 

Fish,  for  manure,  capacity  of  barrel  and  of  half  barrel ....      436 

how  sold 355 

number  of  pounds  to  quintal 203 

standard  weight  of  barrel,  how  marked 202, 363, 463 

to  be  weighed  upon  request 203 

weighers 203 

Flaxseed,  weight  per  bushel 542 

Flaxseed  oil,  barrel  of,  weight  of,  how  ascertained 363 

weight  per  gallon 10, 363 

Florida,  laws 87 

Flour,  altering  inspector's  marks 119 

barrel  for,  use  of ,  not  prohibited  for  agricultural  products.      493 

barrel  of,  dimensions 81,216,323,362,467 

weight 56, 

81,94, 106,117, 134, 161,178, 185,218,235,242,278, 
323)  340,  362,  377.  431.  438,  463.  472.  494)   521 

weight  of  subdivisions 81, 

94, 106, 134, 161, 218,  235,  242,  278, 323, 340, 377, 438, 472 

fraudulently  packing 95 

how  marked 81, 88, 94, 160 

how  sold 35« 

packing  less  than  required  weight 118 

tolerance 94, 95 

weight  of,  to  be  marked 29, 

68,81,88,94,127, 160,  219,237,242,472 

buckwheat,  weight  of  barrel,  and  of  subdivisions 218 

mixed,  sale  of,  prohibited 324 

rye,  dimensions  of  barrel 66, 323 


weight  of  subdivisions 66,  134,  218,  323 

to  be  marked 218 

Fodder,  to  be  weighed  on  public  scales 84 


Index 


553 


Page 

Food,  full  weight  must  be  given  in  sales 424 

misbranded  as  to  weight  or  measure,  when 58, 

88,89,96,102, 108, 144,293,308,365, 

381,  422,  440,  477,  481,   503,   525 

net  weight  or  measure  required. .  20, 58, 89,  269, 280, 350, 458, 533 

Food  and  dairy  commission  created,  duties 269 

Fowls,  how  sold 355 

Freestone,  cities  and  towns  may  appoint  surveyor  of,  and 

make  regulations 207 

Freight  charges,  based  on  weight 5°5 

on  grains,  based  on  weight 178 

Fruit- 
barrel  for,  capacity 521 

dimensions 216,354,  521 

how  branded 354 

of  othc  r  shape  unlawful 521 

of  other  size  unlawful  except  for  first  sale  within  the 

State 521 

baskets  for,  must  be  of  represented  capacity 216 

boxes  for,  must  be  of  represented  capacity 216 

canned  or  preserved,  how  marked 328 

crate  for,  capacity 522 

of  other  size  unlawful  except  for  first  sale  within  the 

State 522 

dried,  to  bear  statement  of  net  weight  or  measure  of 

contents 269, 270 

measure  used  for,  capacity 500 

dimensions  and  form 41, 260 

half  bushel  and  parts 215, 379, 519 

heaped  i.    asure 41,  260 

how  heaped 41,  261, 215, 379, 520 

level 289 

repacking  hi  barrels,  etc.,  without  obliterating  marks. .      329 

selling  in  less  than  standard-size  package 328 

Fruits- 
small,  sale  by  dry  measure,  when 177, 204,  279, 288,318,361 

manner  of  filling 318 

penalty  for  use  of  packages  of  less  capacity 328 

variation  allowed 328 

sale  by  liquid  measure 135 

Fuel.    See  Coal  and  wood. 

Furlongs,  number  of,  in  a  mile 387 

number  of  rods 387 

G 

Gallon,  for  beer,  standard  used 99, 224 

for  milk 99, 224 

number  of  gallons  of  water  in  cubic  foot 265 

number  of  gallons  to  bushel  of  charcoal 287 

weight  per,  for  castor  oil .' 140 

cod-liver  oil 140 

flaxseed  oil .' 10, 363 

gasoline 140 

honey,  strained 267 

kerosene 140 

lard  oil 140, 363 

linseed  oil 10, 363 

linseed  oil,  raw 140 

linseed  oil,  boiled 140 

menhaden  oil 140 

miner's  oil 140 

molasses,  sorghum 117,464 

naphtha 140 

neat's-foot  oil 140 


Page 

Gallon,  weight  per,  for  olive  oil 140 

paraffin  oil 140 

poppy-seed  oil 10 

sperm  oil 140 

turpentine 140 

whale  oil 140 

Game,  how  sold 355 

Ganta,  unit  of  capacity,  value 414 

Gas,  defrauding  buyer  or  seller 524 


illuminating,  standard  unit  of  measure 366 

weight  of  cubic  foot 366 

meter,  penalty  for  furnishing  or  using  false 119,361, 324 

tested  by  meter  prover 366 


meters,  inspectors  may  be  appointed 224 

Gasoline,  weight  per  gallon 140 

Gauge,  standard  for  sheet  and  plate  iron  and  steel 7 

variations  allowed  in  use 7 

Gauger  of  coal  and  coke  boats,  appointment  and  duties. . .      158 

of  liquids,  annual  appointment 190 

required  to  gauge  oil,  molasses,  wines,  vinegar,  etc.,  not 

domestic 438 

Gauging,  method  for  coal  and  coke  boat 159- 

Georgia,  laws 91 

Gifts,  food  products  misbranded  when  containing 270 

Ginner  to  brand  weight  on  cotton 373 

public,  county  clerk  to  test  scales  of,  once  a  year  or 

oftener 30- 

lawful  weigher  of  cotton 30 

required  to  keep  accurate  scales 30 

required  to  keep  record  of  bales  ginned 30 

Ginseng  roots,  how  marked 329 

Gooseberries — 

baskets  for,  capacity 204, 205, 289 

not  conforming  to  standard,  penalty  for  use. . . .  204, 205, 289 

not  required  to  be  sealed 204, 205, 289 

sealers  may  seize,  when 204, 205, 289. 

may  test,  when 204, 205, 289 

box  for,  capacity 522 

other  sizes  unlawful  except  for  first  sale  within  the 

State 52? 

measures  for,  capacity  of  standard 318 

package  for,  penalty  for  use  of  one  of  less  capacity ....       328 

sale  of,  by  dry  measure 177 

by  level  measure 289- 

in  less  quantity  than  i  bushel 522 

variation  allowed 32* 

weight  per  bushel 542 

Grain,  fraud  in  weighing 142 

fraudulently  increasing  weight 25, 42, 262, 480^ 

freight  charges  on,  how  based 178 

measure  used  for,  standard  bushel  legal 228 

standard  half  bushel  legal 361 

measurers 168, 205 

regulating  sale 43* 

sale  of,  by  cental  or  bushel 205 

weight i4°>  i4i)  243>  296 

unit  of  weight 413 

using  unlawful  weights  or  measures 523 

weighing  and  handling 103,  no,  348, 503, 506 

weight  of,  legal  required 349 

reporting  false  or  untrue 306 

requiring  more  than  legal  weight 332 

to  be  marked 29, 88, 160, 161 

to  be  furnished  shipper 146- 


554 


Index 


Page 

Grain  tester,  how  used 523 

Grain  and  salt  measurers,  appointment 168, 194, 205 

Grapes,  baskets  for,  manufacturers  or  dealers  in  to  mark 

capacity  in  pounds 217 

weight  per  bushel 539 

Grits- 
weight  of,  in  bags,  barrels,  and  sacks 19, 87, 94 

in  cartons 20 

manner  of  marking 88 

tare  to  be  marked 94 

to  be  marked 87 

Ground  peas,  weight  per  bushel 543 

Guavas,  weight  per  bushel 539 

Gunpowder,  size  of  sacks 206 

Gunter's  rule  for  gauging  casks  to  be  used 432 

H 

Hawaii,  laws 97 

Hay,  fraud  in  weighing 25, 

42, 118,  141,142,243,262,306, 
33L  348,  349,  372.  400,  4°3 

full  weight  required 101, 216, 480, 502 

gross  weight  to  be  marked  on  bale 326 

handling  of,  under  State  grain  commission 103 

how  graded 206 

how  marked 168, 326, 403 

how  sold 84,86, 141,168,243,262,312 

hundredweight 84 

in  stack,  rule  for  measuring 362,311, 533 

railroads  to  furnish  track  scales  for  weighing 503, 506 

tare,  deduction 326 

for  weight  of  baling  material 326, 330, 403 

tolerances  on  weight  of,  for  shrinkage 326 

variation  from  marked  weight 333 

ton  of,  number  of  cubic  feet  to 261,311,343,367,451,533 

number  of  pounds  to 25, 

42,   84,   ioi,    117,    178,   261, 
262, 267, 343, 367, 451, 480, 502 

weighing  and  inspection 62, 

83,  84, 158, 191,  198,  206,  217, 245, 
246,348,372,427,437,510,514,532 

weighing  and  inspecting  of,  by  railroad  commission 230 

weighing  of,  at  expense  of  seller,  when 292 

See  also  Cities  and  towns. 

Headings,  white  oak,  size  of  and  number  pieces 291 

Heap  measure,  dimensions 287 

form  and  dimensions 41*317 

manner  of  heaping 4Ii 

105, 170, 215, 261,319,354,379, 519 

number  of  cubic  inches 56, 500 

Hectare,  how  measured 423 

Hemlock  bark,  number  of  pounds  to  cord 519 

Hemp,  hundredweight 150 

ton 150 

Hempseed,  how  sold 355 

weight  per  bushel 542 

Henry,  unit  of  induction 9* 

See  also  Electrical  units. 

Herds  grass,  weight  per  bushel 542 

Herring,  boxes  for,  dimensions 203 

Hickory  nuts,  how  sold 355 

weight  per  bushel , S42 


Page 

Hogshead,  altering  inspector's  15rand 1 19 

capacity 41, 

56,   99,    121,    176,    185,    224, 
260,  278,  318,  354,  388,  521 

falsely  packed,  penalty  for  selling 153 

of  corn  meal,  for  exportation,  dimensions  and  weight. . .        66 

of  Indian  meal,  weight 323 

of  liquors,  fermented,  number  of  barrels 10 

number  of  gallons 10 

of  salt,  size 168 

of  tobacco,  weight 182 

penalty  for  marking  false  tare 362 

for  putting  in  less  quantity  than  marked 362 

Hogshead  hoops,  size  and  quality 291 

Hogshead  staves,  size 291 

Hominy,  how  sold 355 

weight  per  bushel 539 

Honey,  strained,  weight  per  gallon 267 

Hoops,  hogshead,  size  and  quality 291 

shaved,  number  pieces  to  thousand 396 

Hoops  and  staves,  how  counted 291 

Hops,  adulterating,  prohibited 325 

bales  of,  how  marked 325 

tare 325, 501 

weight 325, 501 

baling  material,  weight  per  yard 325, 501 

box  for  picking,  capacity 122, 380, 523 

dimensions 122, 380, 523 

penalty  for  fraudulently  increasing  weight 25, 

42, 262,331,34$,  372, 480 

Horse-radish,  weight  per  bushel 539 

Huckleberries — 

baskets  for,  capacity 289 

not  conforming  to  standard,  penalty  for  use 389 

not  required  to  be  sealed 389 

sealers  may  seize,  when 289 

may  test,  when 289 

sale  of,  by  level  measure 289 

Hundredweight,  number  of  pounds u,  25, 41, 56, 81, 85, 99, 

105, 133, 149, 150, 167, 185, 194, 215, 224, 241, 
260,  277,  287,  318,  354,  379,  388,489,  500,  521 

of  commodities 194 

of  hay,  straw,  etc 84, 85 

of  hemp 150 

of  iron  ore 277, 354 

of  pig  iron 277, 354 

Hungarian  grass  seed,  how  sold 355 

weight  per  bushel 542 

Hydrometer,  standard  for  collection  of  revenue 16 


Ice,  dealer  in,  must  provide  scales  on  wagon 207 

penalty  for  giving  short  weight 207 

to  be  weighed  on  delivery 293 

Ice  cream,  boxes,  forms  and  molds 28, 79 

tolerances 28, 79 

Idaho,  laws 99 

Illinois,  laws 105 

Imports,  determination  of  weight  on  quantity 14 

how  marked n 

penalty  for  false  marking u 

use  of  foreign  weights  and  measures 14 

weight  to  appear  on  casks  of  sugar 14 


Index 


555 


Page 
Inch,  of  cream,  value i 

of  water,  value 42, 45,  265, 275 

Inches,  number  in  meter 413 

Indian  meal,  how  packed,  weight  and  dimensions  of  bar- 
rel    322, 323 

misbranding 322, 323 

Indiana,  laws 113 

Induction,  electrical  unit 9 

See  also  Electrical  units. 

Inspectors,  of  electric  meters 224 

of  gas  meters 224 

of  lumber 79, 125, 441 

of  shingles 125 

of  water  meters 224 

See  also  Officers  in  charge  of  standards  and  testing; 

Mine  inspectors. 
Instruments.    See  Appliances  and  accessories. 

Iowa,  laws 121 

Iron,  pig,  hundredweight 278,354 

Iron  ore,  hundred  weight 277, 354 

Italian  rye  grass  seed,  weight  per  bushel 539 


Japan  clover,  weight  per  bushel 539 

Jars  for  milk  and  cream.    See  Bottles  and  jars  for  milk  and 

cream. 

Johnson  grass,  weight  per  bushel 539 

Joule,  unit  of  work 9 

See  also  Electrical  units. 
Junk  dealer.    See  driver. 

K 

Kaffir  corn,  weight  per  bushel 543 

Kale,  standard  barrel  for,  dimensions 177 

weight  per  bushel 529 

Kansas,  laws 133 

Kegs— 

for  butter  and  lard,  how  made 364 

net  weight  to  be  marked 364 

for  powder,  how  stamped 397 

who  may  not  use 397 

Kentucky,  laws 149 

Kerosene  oil,  weight  per  gallon 140 

Kilogram,  equivalent  in  pounds 413 

prototype  is  fundamental  standard 6 


Land  measure.    See  Chain;  Acre. 

Land  plaster,  weight  per  bushel 540 

Lard,  casks  for,  capacity 467 

fraudulent  packing IS3 

giving  less  quantity  than  marked 362 

how  branded 3So 

how  sold 3SS 

marking  false  tare 36a 

weight  of  packages  prescribed 3So 

to  be  marked 270, 350, 364 

Lard  oil,  weight  per  gallon 140, 363 

Lead,  number  of  pounds  to  ton 242 

penalty  for  fraudulent  weighing 242 

Lentils,  weight  per  bushel 540 

Lettuce,  how  sold 355 

Level  measure.    See  Struck  measure. 


Page 

Lime,  barrel  of  number  of  pounds  .........................  224 

bushel  of,  equivalent  ..................................  489 

casks  for,  capacity  ..................  /  ..................  207 

how  made  ...........................................  207 

council  may  provide  for  weighing  ......................  246 

dimensions  of  bushel  measure  ..........................  395 

how  sold  ...............................................  3jj 

unslaked,  dimensions  and  capacity  of  measure  ..........  356 

number  of  cubic  inches  in  standard  bushel  ............  356 

standard  measure  for,  in  Allegheny  County  ..........  396 

weight  of  barrel  ................  ......................  52I 

weight  per  bushel  ......................................  543  ' 

Line  measure  for  buttons,  equivalent  in  inches  ...........  n 

Link.    See  China. 

Linseed  oil,  weight  per  gallon  ...........................  10,  363 

boiled,  weight  per  gallon  ...............................  I40 

raw,  weight  per  gallon  .................................  140 

Liquid  commodities,  how  sold  ...........................  135 

Liquid  measure.    See  Units  of  capacity. 

Liquids,  barrel  for,  number  of  gallons  ...................    27,  41, 

56,  99,  121,  176,  185,  224,  260,  278,  318,  354,  388,  463,  521 

Liquor,  barrel  and  parts  of,  how  taxes  are  estimated  .......  10 

fraudulent  packing  of,  penalty  .........................  iS3 

not  domestic,  required  to  be  gauged  ...................  438 

Liter,  equivalent  in  wine  measure  .......................  413 

unit  of  capacity  ........................................  413 

Live  stock,  fraud  hi  weight  of  shipment  of,  penalty  .......  142 

neat  cattle,  etc.,  correct  weight  to  be  given  .............  216 

penalty  for  reporting  false  weight  ......................  306 

Loan,  unit  of  area,  value  .........  ,  .......................  415 

Logs  — 
measuring,  Doyle's  rule  and  log  book  used  ......  28,  89,  160,  236 

Doyle's  rule  not  applicable,  when  ....................  160 

rule  ...............................................  489,526 

Scribner's  rule  .......................................  Sn 

Scribner's  Lumber  and  Log  Book  used  ............  160,  236 

Spaulding's  table  used  ...............................  43 

table  showing  number  of  feet  in  log  of  given  dimen- 

sions ...............................................  527 

See  also  Lumber. 

Louisiana,  laws  ..........................................  jjj 

Lucerne,  weight  per  bushel  ..............................  540 

Lumber,  cities  may  request  inspection  ...................  217 

English   system   of    weights   and    measures   may   be 

employed  ............................................  9l  j 

how  measured  .........................................  g0 

inspectors,  board  of  county  supervisors  may  appoint.  .  .  125 
duties  ..................................  80,  103,  280,  441,  526 

should  not  deal  In  lumber  ...........................  go 

vacancies,  how  filled  .................................  g0 

plank,  how  measured  .................................  2go 

standard  ............................................  399 

Lupines,  weight  per  bushel  ..............................  540 


Maine,  laws  .............................................      163 

Maize,  weight  per  bushel  ................................      542 

Malt,  how  sold  ..........................................      355 

weight  per  bushel  .....................................      543 

Manure,  capacity  of  barrel  of  fish  used  ...................      436 

dimensions  and  forms  of  measure  .................  41,260,496 

how  heaped  ......................................  41,261,496 


556 


Index 


Page 

Manure,  number  of  bushels  to  load 496 

use  of  heaped  measure 41 »  260,  496 

See  also  Fertilizer. 
Marble,  cities  and  towns  may  appoint   surveyor  of  and 

make  regulations 20? 

appointment  of  measurer  of,  and  compensation 397 

Marl,  dimensions  and  form  of  measure 41, 260 

how  heaped 41,261 

use  of  heaped  measure 41,  260 

Maryland,  laws *75 

Mason  work,  perch  of,  number  of  cubic  feet 45. 

69,100,122,277,343,353,368,451 

Massachusetts,  laws J8s 

Mayor.    See  Cities  and  towns. 

Meadow  seed,  weight  per  bushel 54° 

Meal- 
barrel  of,  dimensions 362, 467 

how  branded 88, 161, 362 

weight 161,235,362,438 

container  to  bear  true  weight ,        29 

half  barrel,  weight 438 

in  bags,  barrels,  etc.,  weight  of,  to  be  marked 87 

sale  of,  by  cental  or  bushel 205 

to  have  net  weight  marked 160 

weight  per  bushel 54° 

buckwheat,  how  packed 322,323 

misbranding 322,323 

weight  and  dimensions  of  barrels 322, 323 

Indian,  dimensions  of  barrels 322, 323 

how  packed 322, 323 

misbranding 322,323 

transportation  of,  on  deck  prohibited 324 

weight  of  hogsheads 322, 323 

kiln-dried,  full  weight  required 466 

Meat- 
penalty,  for  marking  false  tare  on  cask,  box,  or  barrel  . .      362 

for  placing  a  less  quantity  therein  than  marked 362 

Meats,  fresh  and  salt,  how  sold 355 

Measures — 
construction  and  dimensions,  bushel,  half  bushel,  and 

peck 41 

dimensions  of,  half  bushel 76, 354 

subdivisions 76 

for  bran  and  shorts,  capacity 319 

form  and  dimensions 319 

for  charcoal 260, 287,435, 501 

for  coal 356, 430 

for  coke 356 

for  lime 356,395,396 

for  manure 41, 260, 496 

for  marl 41, 26o 

for  oysters 20, 180, 238,339,439,496 

material  used 164 

minimum  diameter  of  bushel,  peck,  and  half  peck  . . .      164 

used  for  commodities  sold  by  heap  measure 260 

used  for  dry  commodities,  form  and  dimensions  . . .  319,388 
See  also  Struck  measure. 

Measurers,  of  grain  and  salt 168, 194, 205 

of  marble 397 

of  wood  and  bark,  appointment  of 81, 208, 289 

must  not  be  dealer  in  wood 83 

Mechanical  devices.    See  Appliances  and  accessories. 


Page 

Melon,  number  of  bushels  to  barrel 463 

Menhaden  oil,  weight  per  gallon 140 

Merchandise,  defined 331 

fraudulent  sale 331, 33* 

net  weight  to  be  marked,  when 280 

true  weight  or  measure  required 424 

Meridian,  true,  and  fixed  standard  measure  to  be  marked .       386 
Meter,  equivalent  in  inches 3, 413 


international,  where  kept 413 

international  prototype,  is  standard 6 

Meter  provers,  fees  for  testing 358 

meters  to  be  tested 366 

State  sealer  to  have  charge  of  testing  and  sealing 358 

Meters- 
gas,  consumers  may  have  tested 69 

fees  for  testing 366 

furnishing  or  using  a  false 1 19 

making  or  using  a  false 361 

to  be  tested  by  meter  prover 366 

water,  gas,  or  electric,  council  has  power  to  appoint 

inspectors 34 

Metric  postal  balances,  Postmaster  General  to  furnish  to 

post  offices  exchanging  mails  with  foreign  countries .          3 
ounce,  avoirdupois,  equivalent  in  grams  for  postal  pur- 
poses            j 

Metric  system,  authorized 3 

equivalents  in  English  system 3 

standards  of,  furnished  to  States 4 

standards  of  other  countries  may  be  employed,  when  . . .       416 

tables  of  length,  mass,  capacity,  and  surface  measure 3 

use  of,  in  medical  work  in  War  Department 5 

in  public  deeds,  contracts,  and  documents 416 

in  Public  Health  and  Marine  Hospital-Service 5 

in  schools 481 

legal  in  States 134, 197, 277,353,413,423 

Michigan,  laws 213 

Middlings,  casks  for,  dimensions  and  weight 66 

weight  per  bushel 540 

weight  per  sack 19 

Mile,  number  of  furlongs 387 

number  of  yards 41,121,133,260,277,317,353 

square,  number  of  acres...  41,121,133,260,277,317,335,353,387 

Milk,  Babcock  test 57,131,172,229,248,275,365,381,481,525 

bottles  and  jars  for,  capacity 135, 279,318, 520 

how  marked 194,  255,318,520 

'how  filled 79 

legal  measures,  when 194, 195 

sealing 194, 196, 254, 434, 520 

tolerance 79, 172, 194,318, 520 

cans  for,  marking 100, 307, 508 

penalty  for  not  having  marked io» 

penalty  for  mutilating 173 

scaling 65, 172,  254, 434,  502 

using  of,  unsealed 50* 

inch  or  gauge  of  cream 121 

sale  of,  by  beer  measure 99, 224 

by  false  measures 236, 365, 525 

by  wine  measure 43, 

59, 65, 135, 172,  254, 263, 279,  289, 307, 409, 434, 489 

in  standard  bottles 279 

samples  may  be  taken  for  test 59 

vessels  used  in  sale  of  to  be  tried  and  proved 289 


Index 


557 


Page 

Millet,  how  sold 355 

weight  per  bushel 540, 543 

Mills,  penalty  for  using  false  weights  and  measures 107, 533 

products  of,  how  marked 237,377 

taking  false  toll 47, 533 

to  brand  weight  on  packages  of  flour  and  meal 94, 362 

to  keep  measures 142, 150, 237,  238, 247,339,466 

to  keep  scales 210,2*7 

to  keep  toll  dishes 150, 237, 238, 339, 466 

to  pack  corn  meal  and  chops  in  certain  size  containers 18 

toll  may  be  taken  by  weight  or  measure 339 

weights  and  measures  to  be  tested  by  county  sealer 510 

Mine  cars,  manner  of  weighing 183 

marked  as  to  weight 47 

Mine  scales,  fraudulently  using 143,  .114 

manner  of  weighing  cars 183 

operator  to  provide ai, 

30,47,109,119,120,154,183,246,314,373,482,512.534 

testing 31,30, 47, 109, 120, 143, 154,220,246,266,375,512,534 

Mine  inspectors,  duties  of  as  to  testing  and  inspecting  mine 

scales 22,30, 109, 120,143, 1541220,266,365,375,483 

ittineral,  number  of  pounds  to  ton 242 

penalty  for  fraudulent  weighing. 242 

Mineral  coal,  weight  per  bushel 541 

Miner's  inch,  equivalent 42,  265, 275 

Miner's  oil,  weight  per  gallon 140 

Mines  and  mining  laws 21,47,  i°9-  Ir9-  r3°>  *42>  *54'  J82, 

220,  246,  266, 314, 365, 373, 411, 466, 482, 508, 512, 534 

Minnesota,  laws 221 

Mississippi,  laws 235 

Missouri,  laws 241 

Molasses,  net  weight  or  measure  of  contents  to  be  stated .  269,  270 

required  to  be  gauged 438 

sorghum,  number  of  pounds  to  gallon 117, 464 

Money,  power  of  Congress  to  coin  and  fix  value i 

Montana,  laws 249 

Municipal  corporations.    See  Cities  and  towns. 

Mustard,  weight  per  bushel 540 

Mustard  seed,  weight  per  bushel 540 

N 

Nails,  cut  or  wire,  net  weight  to  be  branded 207 

Naphtha,  weight  per  gallon 140 

National  Academy  of  Sciences,  duty 9 

National  Bureau  of  Standards,  annual  report i 

bulletins i 

Director,  how  appointed i 

powers  and  duties i 

employees,  how  appointed i 

establishment i 

fees  for  tests i 

functions  of,  for  whom  may  be  exercised i 

local  standards  may  be  certified 479 

name  changed  to x 

regulations i 

State  sealer  may  refuse  to  compare  standards  not  con- 
forming to  type  approved 136 

State  sealers'  reports  to  be  sent 136,  283 

State  standards  and  apparatus  to  be  verified  by,  when. .  33, 

51, 113, 136, 221, 250,  281, 298, 317, 320, 383, 384, 485, 515 

State  standards  procured  through! 311 


Page 
National  Bureau  of  Standards,  tolerances,  State  officials 

to  consult  with 256, 488 

prosecutions  not  to  be  made  if  shortage  is  within 286 

troy  pound 2 

visiting  committee i 

weights  and  measures,  certified  by,  may  be  sold 35, 36 

stamped  by,  legal,  when 256, 487 

Neat  cattle,  weighable  parts 433 

Neat's-foot  oil,  weight  per  gallon ; 140 

Nebraska,  laws 267 

Net-weight  law 58, 89, 270, 280, 350, 458, 533 

Nevada,  laws 277 

New  Hampshire,  laws 285 

New  Jersey,  laws 295 

New  Mexico,  laws 309 

New  York,  laws 317 

North  Carolina,  laws 335 

North  Dakota,  laws 343 

Nuts- 
sale  of,  by  dry  measure 177,204,288,355,434 

by  level  measure 288 

by  weight  or  count 355 

weight  per  bushel 541, 542, 544 

O 

Oat  grass  seed,  weight  per  bushel 540 

Oat  products,  to  bear  statement  of  net  weight  or  measure 

of  contents 269 

Oats,  how  sold 355 

in  bags,  barrels,  etc.,  weight  to  be  marked 87 

manner  of  marking 88 

to  be  weighed  on  public  scales 84 

weight  and  measurement,  per  sack 19 

weight  per  bushel 543 

Officers  in  charge  of  standards  and  testing,  city  and  town.  17, 
33>34>37>38,39,  SSt  «4>  "3, 124, 137, 155, 165, 190, 235, 
236,  249,  285,  297,  299,  313,  322,  330,  356,  400,  401,  403 
416,  419,  420,  455,  457,  462,  488,  492,  494,  495,  517,  523 

county 17. 18, 27, 33, 34, 37, 38, 39, 40, 43, 46, 47,  S3, 54. 

61,  91,  106,  114,  123,  137,  138,  150,  155,  164,  213,  236, 
241,  249,  285  296,  299,311,312,321,337,339,345,356, 
358,  359.  4<53.  437,  452,  462,472,492,495,499,512,530 

impersonating,  hindering,  and  obstructing 39, 56, 77, 

TOO,  104, 116, 123, 136, 152, 161, 190, 223, 
231,232,256,282,287,303,348,  488,  518 

State 17, 18,  27, 33 , 46, 5 1, 64,  71, 75, 97, 

99,  TOO,  105,  106, 113, 122, 123, 127, 136, 149, 155, 163, 
188, 213,  221,  235, 249,  253,  257,  281,  282, 285, 296, 297, 
300, 309, 321, 336, 343, 356, 379, 383, 4i6, 424, 425, 437, 
461,471,479,485,491,495,499,509,515.  5i6.529.53i 

township 214 

Ohio,  laws 355 

Ohm,  unit  of  resistance 8 

See  also  Electrical  units. 
Oil- 
weight  of  barrel,  how  ascertained,  of  flaxseed 363 

of  lard 363 

of  linseed 363 

weight  per  gallon  of  castor  oil 14° 

cod-liver  oil 14° 

flaxseed  oil ~ 10,363 


558 


Index 


Page 
Oil- 
weight  per  gallon  of  gasoline 140 

kerosene 140 

lard  oil 140,363 

linseed  oil 10, 363 

Unseed  oil,  raw 140 

linseed  oil,  boiled 140 

menhaden  oil 140 

miner's  oil 140 

naphtha 140 

neat's-f  oot  oil 140 

olive  oil 140 

paraffin  oil 140 

poppy-seed  oil 10 

sperm  oil 140 

turpentine 140 

whale  oil 140 

Oils,  not  domestic,  required  to  be  gauged 438 

vegetable,  how  sold 355 

Oklahoma,  laws 367 

Oleomargarine,  how  sold 355 

Olive  oil,  weight  per  gallon 146 

Onion  sets,  how  sold 355 

Onions,  ascertaining  mean  weight 208 

barrel  for,  dimensions 177, 354 

how  branded 354 

how  made 354 

how  sold 355 

Onions  and  onion  sets,  weight  per  bushel 543 

Orchard  grass  seed,  how  sold 355 

weight  per  bushel 543 

Ore,  fraudulent  weighing 242 

iron,  hundredweight 278,354 

keeping  false  scales  for  weighing 101 

ton  of,  number  of  pounds 242 

Oregon,  laws 379 

Original  packages,  not  conforming  to  requirements 522 

unlawful  to  use  except  for  the  first  sale  within  the  State. .      522 

Osage  orange  seed,  weight  per  bushel 543 

Oysters,  barrel  for,  capacity 20, 238 

how  sold 20, 180, 238,338, 410 

tub  for,  destroyed,  when 339, 439 

dimensions  and  form 20, 180, 238, 339, 439, 496 

illegal  use 339 

canned,  number  of  ounces  contained  in  package  to  be 

marked ^9 

in  kegs  or  cans,  amount  of  liquid  allowed 330 

quantity  to  be  marked 33O 

out  of  shell,  number  of  ounces  contained  in  package  to 

be  marked ^9 

sold  by  wine  measure 


Packages,  defined  ........................................ 

fraudulently  increasing  weight  ........................  42 

of  butter,  weight  to  be  marked  ......................... 

of  commodities,  how  marked  ........................... 

may  be  seized  as  evidences,  when  ...............  55,116, 

may  be  weighed,  when  ............................... 

weight  to  be  marked  ................................. 

of  corn  meal,  standard  weight  .......................... 

of  feeding  stuff,  to  bear  statement  of  weight  ............ 

59,  89,  96,  108,  128,  144,  145,  182,  220,  226, 
288,  293,  308,  349,  365,  373,  410,  439,  458,  472 


2g3 

372 
481 
I7? 

323 
37 
87 
339 
20, 
237, 
,490 


Page 
Packages,  of  fertilizers,  to  bear  statement  of  weight  ......       18 

29,  160,  204,  219,  334,  365,  380,  411,  436,  440,  477,  490,  495 
of  food,  to  bear  statement  of  weight  or  measure  .........       58, 

88,  89,  270,  280,  350,  458,  533 
original,  weight  to  be  marked  on,  when  ................        87 

penalty  for  altering  marks  ...........................  126,  467 

stamping  false  tare  ............  42,  226,  333,  345,  367,  380,  424,  480 

stamping  false  weight  or  measure  .................  25,  333,  367 

Packet,  of  apples,  capacity  ...............................        99 

Paint,  how  labeled,  quantity  to  be  marked  ........  270,  271,364 

penalty  for  altering  label  ...............................      364 

Paraffine  oil,  weight  per  gallon  ...........................      I40 

Parsnips,  how  sold  .......................................      3jj 

standard  barrel  for,  dimensions 


177 

weight  per  bushel  ......................................  543 

Peaches- 

basket  or  box  for,  cubic  capacity  .......................  216 

dimensions  ..........................................  306 

manufacturers  or  dealers  to  mark  capacity  in  pounds.  217 

other  size  baskets,  how  marked  ......................  306 

penalty  for  violation  .................................  306 

dried,  how  sold  ........................................  355 

standard  crate  for,  capacity  ............................  522 

of  other  size  unlawful  except  for  first  sale  within  the 

State  ..............................................  S22 

weight  per  bushel  ......................................  543 

Peanuts,  sold  by  dry  measure  ............................  177 

weight  per  bushel  ......................................  543 

weight  to  be  marked  ...................................  gg 

Pearl  ashes,  barrels  for,  dimensions  and  minimum  weight.  364 
Pears- 
barrel  for,  capacity  ...........................  3I9,  32o,  334,  521 

dimensions  ........................................  334,  S2I 

double-headed,  dimensions  ...........................  177 

of  less  capacity,  how  marked  .........................  334 

of  other  shape,  lawful  ..........................  32o,  334,  521 

of  other  size,  how  marked  ..........................  319,  320 

unlawful  except  for  first  sale  within  the  State  ........  522 

box  for,  dimensions  ....................................  503 

crate  for,  capacity  ......................................  S22 

of  other  size  unlawful  except  for  first  sale  within  the 

State  ..............................................  S2» 

how  sold  ...............................................  355 

weight  per  bushel  ......................................  543 

Peas,  how  sold  ...........................................  3Jj 

weight  per  bushel  ......................................  543 

green,  barrel  for,  dimensions  ...........................  177 

how  sold  .............................................  3Sj 

green,  in  hull,  number  of  bushels  to  barrel  .............  463 

Pecans,  how  sold  ........................................  3jj 

Peddler.    See  Driver. 

Pennsylvania,  laws  ......................................  383 

Pepper,  in  bulk,  how  sold  ................................  3SJ 

Perch,  number  of  brick  per  cubic  foot  in  footwall  and  in 

8-inch  wall  .........................................  45 

of  brickwork  or  mason  work  defined  ...................  45 

of  stone,  number  cubic  feet  to,  in  boats  ................  69 

in  cars  ...............................................  59 

in  piles  ..............................................  69 

in  walls  ..............................................  59 

of  stone  or  mason  work,  number  of  cubic  feet  ..........  45, 

69,100,122,277,343,353,368,451 
See  also  Rod. 

Person,  term  defined  ...................................  58,  223 


Index 


559 


Page 

Philippine  Islands,  laws 413 

Pico  or  picul,  unit  of  weight 4J4 

value  in  Spanish  pounds 4M 

Pig  iron,  hundredweight 278)  354 

Pine-tree  products,  how  sold 355 

Pipe,  number  of  hogsheads 388 

Pipe  staves,  size 291 

Plank,  of  other  thickness,  how  measured 290 

standard  thickness 290 

Plastering  hair,  weight  per  bushel 542 

Plums,  baskets  for,  manufacturers  or  dealers  in  to  mark 

capacity  hi  pounds 217 

capacity  of  standard  measures  for,  how  filled 318 

how  sold 177)355 

penalty  for  using  package  of  less  capacity 328 

standard  crate  for,  capacity 522 

crate  of  other  size  unlawful  except  for  first  sale  within 

the  State 522 

variation  allowed 328 

weight  per  bushel 540 

Police  powers,  of  sealers  and  inspectors 39, 

54. 55.  "6, 223, 252, 258,431, 486, 518 

Pop  corn,  shelled  and  in  ear,  how  sold 355 

weight  per  bushel 543 

Poppy-seed  oil,  number  of  pounds  to  gallon 10 

Pork,  altering  inspector's  marks  on  barrel 119 

barrel  of,  weight  for  exportation 363 

barrels  and  half  barrels  for 363 

barrels  for,  capacity  of  tierce 324 

how  made 324 

weight 117, 324, 432, 438, 463 

fraudulent  packing 153 

fraudulently  measuring  weight 96 

packing  less  than  required  weight 118 

Porter,  wine  measure  used  for,  in  collecting  revenue 9 

Porto  Rico,  laws 423 

Postmaster  General,  to  furnish  metric  balances  to  post 

offices  exchanging  with  foreign  countries 3 

Pot  ashes,  barrels  for,  dimensions  and  minimum  weight.      364 

Potatoes,  ascertaining  mean  weight 208 

barrel  of,  capacity 319,320 

dimensions 177,354 

how  marked 88, 3 19, 320 

number  of  bushels 463 

other  size 319,320 

weight 56, 150, 169, 185, 319, 463, 521 

how  sold ; 355 

requiring  more  than  legal  weight 332 

weight  to  be  marked,  when 87 

sweet — 

barrel  of,  dimensions 177 

how  marked 88 

number  of  bushels 463 

weight 185,463 

weight  per  bushel 544 

weight  to  be  marked,  when 88 

Poultry,  how  sold 74 

Pound,  English  avoirdupois  equivalent  in  grams 415 

number  of  in  kilogram 413 

value  of  derived  from  kilogram 6 

Power,  electrical  unit  of 9 

See  also  Electrical  units. 


Page 
Powder,  weight  of  kegs  ..........  .  .......................      397 

weight  of  package  ......................................      144 

Premiums,  food  products  misbranded  when  containing.  .       270 
Prizes,  food  products  misbranded  when  containing  .......      270 

Produce,  repacking  in  barrels,  etc.,  without  obliterating 

marks  .............................................      329 

standard  barrel  for,  dimensions  ........................      354 

how  branded  ........................................      354 

how  made.  .  .  .  .*  .....................................      354 

Proof  spirits,  number  of  gallons  to  barrel  .................        10 

standard  ...............................................         9 

Prunes,  how  sold  ........................................      355 

weight  per  bushel  ......................................      540 

Public  Health  and  Marine-Hospital  Service,  use  of  metric 

system  in  ..........................................          5 

Public  lands,  how  divided,  size  of  township  ..............        15 

Public  scales,  counties,  cities,  and  towns  may  provide  or 

designate  ...........................................      18, 

165,179,224,264,293,303,344,406,407,455,53* 
regulations  concerning  ...............................  242,  268 

testing  and  inspecting  ..................................     125, 

151,  268,  304,  369,  406,  407,  427,  429,  464,  510 
weighing  commodities  ................  84,179,200,437,494,510 

weighmasters  ..........................................       85, 

124,  194,  224,  225,  268,  287,  344,  368,  406,  407,  455,  473,  475 

Q 

Quantity,  electrical  unit  .................................          8 

See  also  Electrical  units. 
Quart,  wine  measure,  number  hi  liter  ....................      413 

Quilate,  or  international  carat,  value  in  milligrams  .......      414 

Quinces  — 
barrel  for,  capacity  ..............................  319,  320,  334 

dimensions  ........................................  177,  334 

other  shape  of  ..................................  319,320,  334 

other  size  of  ....................................  319,  320,  334 

how  branded  ....................................  320,  334 

how  sold  ...............................................      355 

weight  per  bushel  ......................................      544 

Quinon,  unit  of  area,  value  ...............................      415 

Quintal  of  fish,  number  of  pounds  .......................      203 

unit  of  weight  ..........................................      414 


Radish  seed,  weight  per  bushel  ..........................      540 

Railroad    and    warehouse    commission,    department   of 

weights  and  measures  under  control  ................      221 

may  test  and  seal  scales  ................................      457 

State  weighmasters  in,  appointed  ......................      na 

to  inspect  all  sealing  devices  ...........................      327 

to  supervise  handling  of  grain,  etc  ......................       457 

Railroad  commission  has  supervision  of  hay  and  grain 

weighing  ...........................................       506 

Raisins,  how  sold  .........................................  355 

Rape  seed,  how  sold  .....................................      355 

weight  per  bushel  ......................................      544 

Raspberries  — 
container  for,  capacity  ...................  204,  205,  289,  318,  5*4 

how  filled  ..........................................  289,  318 

may  be  seized,  when  ...........................  204,  205,  286 

may  be  tested,  when  .................................      aoj 


560 


Index 


Page 
Raspberries — 

container  for,  not  required  to  be  sealed 205 

of  less  capacity 204, 205, 328, 522 

variation  allowed 328 

sale  of,  by  dry  measure I77 

weight  per  bushel S41 

Record,  sealers  to  keep,  of  work  done 39, 

54,  73,  114,  115.  139.  iSL  163.  176,  181, 
200, 283, 286, 300, 312, 322, 345, 419, 518 

State  sealers  to  keep ,  of  work  done 1 13, 

136, 221, 253, 337, 383, 426, 486, 516 

Redtop  seed,  how  sold 355 

weight  per  bushel 544 

Registered  tonnage  of  ships I0 

Report,  Director  Bureau  of  Standards  to  make i 

Reports,  diplomatic  and  consular,  manner  of  expressing 

weights  and  measures 9 

sealers  to  make 54. 

114, 115, 139, 151, 157, 176, 181, 189, 
»53.  259,  300,  312,  322,  383.  426,  518 

State  sealers  to  make 52. 

113,  114,  136,  163,  221,  253, 
283,300,321,383,426,487,516 

Resistance,  unit 8 

See  also  Electrical  units. 

Rhode  Island,  laws 425 

Rhubarb,  weight  per  bushel 54° 

Rice,  deductions  from  weight  to  be  made,  when 92 

fraudulently  increasing  weight 424 

how  sold -. 355 

tare  on,  to  be  actual 93 

weight  per  bushel 543 

Rod,  pole,  or  perch,  equivalent 41, 

121, 133, 260, 277.317,335,353,387 

Rolls  and  fancy  bread 204 

Roots,  barrel  for,  dimensions 216 

form  and  dimensions  of  measure 41 , 260 

how  heaped 41, 261 

sale  by  heap  measure 4i>  260 

Rough  rice,  weight  per  bushel 544 

Rules  and  regulations — 
may  be  made  for  allowances  on  weight  of  food  packages .        58 

marking  weight  on  food  packages 269 

weighing  and  handling  of  grain 231, 245, 348 

weighing  of  cars  and  freight 274 

promulgated 258, 269 

State  sealer  may  issue,  for  guidance  of  inspectors 52, 

113,114,136,  221,257,  269,488,516 

Rutabagas,  weight  per  bushel 544 

Rye,  how  sold 355 

sack  of,  capacity 19 

weight 19 

to  be  marked 88 

weight  per  bushel '. .      544 

Rye  Flour- 
barrel  for,  dimensions 66, 323 

weight  of  and  subdivisions 66, 134, 219,323 

Rye  Heal,  weight  per  bushel 544 

S 

Saccharometers,  standard  for  collection  of  revenue 9 

Sage,  weight  per  bushel 540 

Salads,  weight  per  bushel 540 


Page 
Salaries  of  weights  and  measures  officials,  of  county,  city, 

and  town 53,  71,114, 

188,224,2491,298,313,321,322,330,360,391,428,515,517 

of  State  officials 71,100, 126, 188,298,337,383,485,515,529 

See  also  Fees  and  compensations. 
Salt, altering  inspector's  marks.  ...  119 


ascertaining  mean  weight 208 

barrel  of,  tare 364 

weight 403 

fraud  in  packing 118, 153,466 

hogshead  of,  number  of  bushels 168 

how  sold 355 

measurers 168, 194 

weight  per  bushel 544 

weight  to  be  marked 363 

Sauer  kraut,  how  sold : 355 

Scalage,  unlawful  to  deduct  for 29.94, 162,237,340,441,469 

Scales.    See   Testing   of   weights  and    measures;     False 
weights  and  measures;  Public  scales. 

Schools,  metric  system  to  be  taught 481 

Scribner's  lumber  and  log  book,  use 160, 236 

Scribner's  rule  for  measuring  timber 511 

Sea-island  cotton  seed ,  weight  per  bushel 542 

Sealing  device,  railroad  and  warehouse  commission  to  ap- 
prove, when 227 

Section  of  land,  size 15 

Seeds,  definition 128 

fraud  in  weight  of  shipments 142 

net  weight  to  be  marked 128 

Shad,  number  contained  ta.  package  to  be  marked 439 

Shale,  number  of  bushels  to  ton 1 1 

weight  per  bushel 540 

Sheet-metal  gauge,  variations  allowed  in  use 7 

Shingles,  inspectors 125 

number  of  pieces  to  bundle 290 

thousand 396 

sizes  and  grades 125, 290 

weighers 5°4 

Ship  timber,  number  of  cubic  feet  to  ton 290 

rule  for  measuring 290 

Shipmasters,  to  keep  proper  weights  and  measures 15 

Ships,  mode  of  measuring  tonnage 15 

registered  tonnage,  manner  of  measuring 16 

Shocks,  size 291 

Shorts,  measure  for,  form  and  dimensions 319 

net  weight  to  be  marked 160 

number  of  quarts  to  bushel 3  '9 

weight  per  bushel 544 

Shrimp,  how  measured J62 

weight  of  basket 162 

Silver,  coin  and  sterling,  percentage  of  pure  metal  re- 
quired   3&1 

Sirups,  net  weight  or  measure  to  be  stated 269.  270 

required  to  be  gauged 438 

Skein,  of  sewing  silk,  length  of  and  number  of  threads 57 

Slate,  for  roofing,  requirements  for  underlap 489 

Smithsonian  Institution,  furnished  complete  set  of  all 

weights  and  measures  adopted  as  standards 4 

repairs  to  standards  furnished 5 

replacing  lost  standards 5 

Soap,  net  weight  to  be  marked  on  packages 364 

Soapstone,  surveyor 207 

Sorghum  seed,  weight  per  bushel 544 


Index 


Page 

South  Carolina,  laws 437 

South  Dakota,  laws 451 

Spanish  units,  inch 4*4 

foot 4U 

ounce 4M 

pound 414 

Spaulding's  table  for  measuring  logs 43 

Specific  gravity,  standards  for  determining 416 

Spelt  or  spilt,  weight  per  bushel 544 

Sperm  oil,  weight  per  gallon 140 

Spice,  net  weight  to  be  marked  on  package 227 

Spices  in  bulk,  how  sold 355 

Spinach,  barrel  for,  dimensions i?7 

how  sold 355 

weight  per  bushel 54° 

Spirits,  concerning  internal  revenue 9 

standard  gallon 9 

Standard  gauge,  for  sheet  and  plate  iron  and  steel 7 

variations  allowed 7 

Standard  of  weights  and  measures,  power  of  Congress  to  fix          i 
Standards — 

city  and  town,  care 34. 

53, 188, 190,  286,  298, 404, 425, 462, 488, 495 

duplicate  set 192, 3°°;  46* 

furnishing  or  procuring 33>  S3. 

158,  189,285,300,356,357,401. 
402, 404,  417.  425.  488,  491.  516 

list 188,285,425 

county,  care 34>  53. 

62,64, 175. 197;  285,  298,386, 404, 437)471; 495, 509 

character 27, 61, 137, 149, 164, 262, 509 

duplicate  sets 3°°>  452, 461 

furnishing  or  procuring 17, 27, 33, 46,  S3>  92, 123, 

M9)  156, 164, 213, 235, 241.300,309,311,321,338,346, 
356,  384.  385.  4°4>  452)  46i)  471)  491, 499, 509, 529, 531 

metric 3 

authorized 277 

furnished  States 4 

State,  care 18, 33, 46, 51, 64, 

105,133,163,221,249,281,300,343,356, 
383,  424,  437,  461,471,491,499,509)529 

duplicate  set 186,317, 451 

procuring 97. 3°°> 3"> 343)384 

repairs 4 

replacing  lost 4 

what  are 17)87,33,45,51,61,87,91,97,99,105,113, 

121, 133, 149, 155) i«4> 175) 2I3>  235) 249) 259) 267, 277, 
285,295,300,309,317,335,343,346,353,379,383,384, 
425.  437,  45L  46l> 47I> 479. 485. 491, 499, 509,  515)  529 

township,  township  board  to  procure 214 

township  clerk  to  procure,  when 215 

used  in  customhouses,  repairs 4 

semiyearly  comparison 14 

used  at  mints  or  assay  offices,  penalty  for  altering 14 

State  board  of  health,  to  cooperate  with  inspectors 139 

to  enforce  laws 134 

to  procure  standards 139 

State  grain  commission,  duties 103 

who  shall  constitute 102 

State  grain  inspection  department,  duties 145 

State  hay  and  grain  commission,  control  of  scales 103 

State  railway  commission,  powers  of  as  to  weighing  cars 

and  freight 273 

Staves,  size 291,396 


Page 

Steam,  defrauding  buyer  or  seller 524 

Sterling  silver,  percentage  of  pure  metal  required 361 

sale  of  goods  improperly  marked 361 

Stone,  perch  of — 

number  of  cubic  feet 45,69,100,122,277,343,353,368,451 

in  boats 69 

in  cars 69 

in  piles 69 

in  walls 69 

Stone  coal,  weight  per  bushel 541 

Straw,  fraud  in  baling 400, 403 

fraud  in  marking 403 

how  graded 206 

how  sold 84 

tare 326 

ton 84, 117, 178 

variation  from  weight  allowed 326,333 

weighing  and  inspection 84, 206, 207, 230, 231 

weight  of  baling  material 326, 333 

weight  to  be  marked 326,333,403 

Strawberries — 

basket  or  box  for,  capacity 204, 289, 318, 522 

how  filled 289, 318 

not  conforming  to  standard 205, 328, 522 

not  required  to  be  sealed 205 

sealers  may  seize,  when 205, 289 

may  test,  when 205, 289 

how  sold 177, 522 

variation  allowed  in  sale 328 

weight  per  bushel 540 

Struck  measure,  for  bran  and  shorts 319 

for  charcoal 287 

how  filled 105, 118, 149, 354 

number  of  cubic  inches 56, 519 

used  for  nuts  and  berries,  when aes 

Sugar,  fraudently  increasing  weight 96, 424 

full  weight  or  measure  required 434 

how  sold 355 

net  weight  or  measure  to  be  stated 269, 270 

weight  to  be  marked 14 

Sugar  cane,  weight  per  bushel 540 

Sunflower  seed,  weight  per  bushel 540 

Surveyors,  may  give  evidence  concerning  measurement 

of  land,  when 331 

not  to  give  evidence,  when 359 

penalty  for  using  unadjusted  instruments 387 

required  to  adjust  compass 386 

ascertain  variation  of  needle 386 

verify  chain 386 

Surveyors'  apparatus,  annual  test 210 

to  compare  to  standards 464 

who  may  test 210 

Swedish  seed,  weight  per  bushel 539 


Tare,  failing  to  mark 361 

making  greater  deduction  than  shown 477 

on  barrels  and  casks 302,363,364 

on  breadstuffs 66 

on  butter 363 

on  cotton 93)  292, 441 

on.  flour 94)  34°)  361 

on  grits 94 

on  hay 84, 333 


8578°— 12 36 


562 


Index 


Page 

Tare,  on  hops 325;  S°i 

on  meal 94,  362 

on  meat 362 

on  rice 93 

stamping  false , 23. 

as,  43, 66,  Si,  101, 126, 262, 333, 345, 367, 380, 424, 455, 480 
Taximeters,  commissioner  to  make   rules   and   regula- 


tions 


196 

may  be  condemned  or  seized 196 

testing  and  sealing 196 

Tea,  how  sold 355 

net  weight  or  measure  to  be  marked 269, 270 

Tennessee,  laws 461 

Teosinte,  weight  per  bushel 54° 

Terrapin,  number  contained  in  package  to  be  marked —  439 
Testing  of  weights  and  measures,  annual  test  of  standards 

used  at  mint  at  Philadelphia a 

city  and  town  standards 18, 

33.34)  52)  113,  136, 139, 163, 189, 190, 250, 285, 286, 298, 320, 
356,  360,  383,  404,416,427,479,485,487,491,494,513,316 

county  standards 18,27,33, 

34,51162,64,106,113,123, 136,163, 164,213,250,285, 
298,  31°.  320,  343.  356,  386,  404,461,491,499,510,530 

standards  of  institutions  and  private  firms 4, 

52, 113, 136, 221, 250, 320, 486, 516 

State  standards 33, 

51, 113, 136, 187, 23i,  250, 281, 298,320,384,485, 515 
trade  weights  and  measures,  kept  by  banks. .  210, 495, 51 1, 532 

kept  for  sale 35, 72, 157, 167,417 

refusing  or  neglecting  to  have  tested 39, 

73, 74, 8?) 124, 190, 256, 303, 421, 488 
sealing  or  condemning  without  testing  or  sealing  in- 
correct apparatus 39, 139, 253, 282,309,487, 518 

State  officials  may  test 52,97,99. 

127, 136, 163, 221, 235, 250, 281,321,355,356, 425,486, 516 

using  unsealed  apparatus 74,91,251,337,358,421,464,495 

when  tested  annually 30, 151, 

158, 165, 175, 190, 214, 215, 221, 250,322, 345, 
427.  4S2,  462,464.  486,  494.  499>5I7,S3°,532 

at  other  periods 35, 61, 64, 72, 73,91,92, 137, 138, 

139,254,239,299,312,322,337,360,401,424,455,510 

semiannually 37,  S3,  "4 

testing  upon  request 27,36, 

106, 136, 165, 190, 236,  241, 259, 299, 453, 472, 495, 5",  531 

Texas,  laws 471 

Thread,  variation  allowed 329 

weight  or  length  to  be  marked 57, 208, 329, 433 

Tierces,  for  fish,  weight 202 

Timber- 
cubic  foot  of,  how  measured 290 

number  of  feet 290 

number  in  ton 290 

how  measured 340, 396 

how  sold 242, 440 

rule  for  measuring 92, 290, 422, 440, 489, 511, 527 

"side  and  edge"  measurement  illegal 440 

standard  scale 537 

use  of  other  scale 527 

Timber  inspector,  election 440 

Time,  standard  for  State S8 

Timothy  seed,  how  sold 355 

weight  per  bushel 544 


Page 

Tobacco,  altering  inspector's  marks 1 19 

exact  weight  to  be  given  regardless  of  condition 469 

fraudulently  increasing  weight 153, 424, 468 

packing  less  than  required  weight us 

weight  to  be  marked 182 

Tobacco  scales,  inspection 466 

Tobacco  weighers,  election 468 

Toll.    See  Mills. 

Tolerances — 

allowed  on,  apparatus 77, 78, 302, 336, 463 

bottles  and  jars 79, 172, 194, 195,318, 520 

coins...  i» 


commodities,  coal 326, 389 

corn  meal 94 

flour 94 

fruit  packages 328, 329 

grits 94 

hay 326,333 

in  general 136, 263, 281 

package  goods 58, 269,468 

thread 57,329 

ice-cream  boxes 78, 79 

in  use  of  sheet-metal  gauge 8 

of  Bureau  of  Standards  recognized aS6 

prescribing 73, 256, 302, 350, 488, 516, 533 

Tomatoes,  how  sold -. . .      355 

weight  per  bushel 544 

Ton,  number  of  pounds u, 

25, 41, 45, 56, 99, 105, 133, 149, 167, 185, 241, 260, 
261,  267,  278,  295, 318, 354, 388, 480, 489, 500, 521 

of, bark,  number  of  pounds 388 

of  coal,  number  of  bushels ",47, 261 

number  of  cubic  feet 50 

number  of  pounds 12, 

21,25,42,47,  79, 101, 1 60, 170, 178, 199,  224,  236,  242,  261,  262, 
264, 279, 318, 326, 356, 388, 389, 394, 411, 430, 431, 480, 502, 503 

variation  allowed 326, 389 

of  culm,  number  of  bushels u 

of  grain,  number  of  pounds 368 

of  hay,  how  measured 262,311, 533 

number  of  cubic  feet 261,311,343,367,451,533 

number  of  pounds 25, 

42, 84, 101, 117, 178,  261,  262, 267, 343, 367, 451, 480, 502 

of  hemp,  number  of  pounds 150 

of  lead,  number  of  pounds 242 

of  mineral,  number  of  pounds 242 

of  ores,  number  of  pounds 242 

of  shale,  number  of  bushels n 

of  straw,  number  of  pounds 84, 117, 178 

of  timber,  number  of  cubic  feet 290 

of  zinc,  number  of  pounds 242 

Tonnage — 

of  ships,  mode  of  measuring 16 

registered,  how  measured 16 

Tools.    See  Appliances  and  accessories. 

Township,  size 15 

Track  scales,  fees 77,  U7>  5°7>  5°8 

maintenance  and  supervision 63, 227, 230, 244, 245, 274 

railroads  to  provide 28, 

29,  no,  in,  129, 146, 147,  273,  S°3, 5°4, 5°5,  S°6, 507, 

testing 77, 109, 227,427, 503, 506, 507 

tolerance 78 


Index 


563 


Page 
Troy  pound,  of  the  Bureau  of  Standards  made  standard 

for  coinage * 

Truck  barrel,  dimensions 493 

use  of  flour  barrel,  boxes  or  crates  not  prohibited 493 

Tub,  for  butter,  weight  to  be  marked 433 

for  manure,  dimensions 496 

for  oysters,  destroyed,  when 339>  439 

dimensions  and  form 20, 180, 238, 339, 439, 496 

illegal  use 339 

Tun,  number  of  pipes 388 

Turnips,  barrel  for,  dimensions i?7 

how  sold 355 

number  of  bushels  to  barrel 464 

weight  per  bushel 544 

Turpentine,  soft,  barrels  for,  dimensions 92 

weight  per  gallon 140 

U 

United  States,  laws i 

Units  of  weights  and  measures — 

units  of  length,  English  system 3 

meter  and  subdivisions  and  multiples 3, 6, 413, 424 

metric  system 3 

yard  and  subdivisions 40, 

121,133,164.187,224,260,277,317,353,387,461 

units  of  mass,  cram 4, 413, 424 

kilogram 4, 6 

metric  system 4 

pound,  ratio  of  avoirdupois  to  troy 41, 

56, 121, 164, 185, 260,  267, 277, 353, 354 

subdivisions  of 164,  277, 353, 354 

Spanish  units 414 

troy  pound 3 

units  of  surface,  are 413 

hectare 423 

list  given 317 

metric  system,  equivalents  in  English  system 4 

Spanish  units,  equivalents  in  metric  system 414, 415 

square  meter 423 

square  yard 40,  MI,  277, 353, 387 

units  of  volume  and  capacity,  apatan 413 

arroba 413 

bushel  and  subdivisions 41, 

87, 121, 133, 176,  224, 260,  267,  278, 318, 354, 384, 388, 461 

cavan 413 

chupa 413 

gallon 41,56,87,99,122,133, 

176, 186,  224, 260, 278,  285,318, 354,384, 387, 461, 521 
eanta : 4I4 

liter 3,413,423 

material  and  construction 164 

metric  units,  equivalents  in  English  system 3 

Spanish  units,  equivalents 4I4 

Upland  cotton,  weight  per  bushel S42 

Utah,  laws 479 


Vara,  unit  of  length 4I4 

value  in  meters 4I4 

yard  substituted 3IO 

Vegetables,  boxes  or  baskets  for,  to  be  of  represented  ca- 
pacity   2l6 


Page 
Vegetables,  canned  or  preserved,  how  marked  ............      328 

dimensions  of  barrel  .............................   177,  216,  354 

half  bushel  and  parts  used  ...........................  500,  519 

how  sold  ......................................   74,  177,  204,  288 

sale  by  heaped  measure  ................................      500 

Velvet  grass  seed,  weight  per  bushel  .....................      540 

Vendor.    See  Driver. 

Vermont,  laws  ...........................................       485 

Vetches,  weight  per  bushel  ..............................       540 

Vinegar,  proof  gallon  .....................................         n 

required  to  be  gauged,  when  ...........................      438 

Virginia,  laws  ............................................       491 

Visiting  committee,  to  Bureau  of  Standards,  period  of 

service  of  members  .................................          a 

Volt,  unit  of  electromotive  force  ..........................          8 

See  also  Electrical  units. 


Wagon  scales,  cities  and  towns  may  maintain,  when  .....      125 

railroads  to  provide  at  State  inspection  points  ..........      245 

sealer  to  test  every  six  months  .........................      427 

Walnuts,  how  sold  .......................................      355 

sold  by  strike  or  level  measure,  when  ..................        25 

weight  per  bushel  ...................  '.  ..................      $44 

Warehouse  scales,  control  of,  who  has  ..................  103,  244 

inspection  .......................................   103,  in,  146 

subject  to  experiment  and  test  by  inspector  ............      243 

subject  to  inspection  ...................................      375 

to  be  provided  .........................................      152 

Warehouses,  establishment  ..............................      152 

examination  of  gram  and  scales  ........................      in 

inspector  to  be  appointed  by  fiscal  court,  when  ........       153 

penalty  for  neglect  of  inspection,  etc  ...................      153 

scales  used  in,  subject  to  inspection  .....................      243 

supervision  ..........................................  145,  146 

use  of  incorrect  scales  ..................................      m 

under  management  of  commissioners  of  railroads  .......      348 

weighing  of  grain  ......................................      457 

weighing  of  tobacco  ....................................       182 

Warrant.    See  Police  power. 

Washington,  laws  ........................................      499 

Water,  acre-foot  .......................................  275,  482 

cubic  foot  of,  per  second,  equivalent  in  miner's  inches  .  .      275 
manner  of  measuring  ................................       363 

number  gallons  ......................................      263 

unit  of  measure  .....................  46,  2<fc,  275,  482,  502,  534 

defrauding  buyer  or  seller  ..............................       524 

inch  of,  value  ..........................................        45 

miner's  inch  ...........................................        42 

Water  meters,  inspectors  of,  may  be  appointed  ...........      834 

Watt,  unit  of  power  .....................................          9 

See  also  Electrical  units. 
Weighers,  of  beef,  appointment  ..........................        24 

of  boilers  ...............................................      194 

of  coal,  appointment  ..................................  81,  198 

must  not  deal  in  coal  ................................        83 

sex  no  bar  to  eligibility  ..............................      198 

of  cotton,  duties,  etc  .................................  442,  446 

for  Honea  Path.  .....................................      443 

for  Lancaster  County  ................................      445 

for  Pickens  and  Oconoc  Counties  .....................      444 

maybeelected  .....................  442,44.'  444,  445.  446,  468 


564 


Index 


Page 

Weighers,  of  fish 2°3 

of  grain JS3 

of  hay 206 

of  neat  cattle 433 

of  rice 92 

of  salt  and  grain J94 

of  shingles  and  lumber 5°4 

of  tobacco 468 

Weighman,  at  mines,  duties i°9> 

119, 130, 143, 184,314,374,  5°8, 534 

Wtighmasters,  control  of,  by  railroad  and  warehouse  com- 
mission   228, 230 

for  public  scales 85, 

124, 194, 214, 225, 268, 287, 344; 368, 406, 407, 455, 473, 47S 

for  railroad  track  scales 147 

impersonating 77 

making  false  entry  of  canal  boat  weight 332 

penalty  for  absence  from  duty 84 

State,  appointment  of,  in  cities 112 

to  test  track  scales 5°3 

warehouse 42, 244 

Weights.    See  Testing  of  weights  and  measures;    False 

weights  and  measures. 
Weights  and  measures,  extension  of  time  for  use  of  certain .      415 

West  Virginia,  laws 509 

Whale  oil,  weight  per  gallon 140 

Wheat,  how  leveled 118, 149, 468 

weight  and  measurement  of,  per  sack 19 

weight  of,  to  be  marked 88 

weight  per  bushel 544 

Wheat  products,  net  weight  or  measure  of  contents  to  be 

marked 270 

Whortleberries,  sold  by  dry  measure 177 

Wine,  penalty  for  selling  "half  wine"  without  label ,.      332 

required  to  be  gauged,  when 438 

Wine  gallon,  used  in  internal  revenue 9 


Page 

Wisconsin,  laws 515 

Wood- 
cord  of,  dimensions.  82, 92, 169, 209, 289, 340, 353, 398, 435, 489, 492 
number  of  cubic  feet...  12,82,83,169,224,279,289,353,489,492 

number  of  baskets 435 

corder  of,  not  to  deal 398 

for  public  use  to  be  weighed  or  measured 12 

how  measured  and  packed 82,92,169,209,398 

inspectors  and  measurers 12, 208 

sale  of,  certificate 279,312 

cities  and  towns  may  regulate 169, 198,237,243,271 

without  being  measured 209 

seizure 398 

size  of,  for  cordwood 169, 209 

kindling,  bags  for 199 

basket  for 435 

size  of  bundles 199 

Wool,  fraudulently  increasing  weight 35, 42, 262 , 480 

Woolen  goods,  penalty  for  misrepresenting  quality 178 

Work,  mechanical,  council  may  provide  for  inspection 

and  measuring » 246 

unit 9 

Wrapper,  false,  used  with  intent  to  deceive 332 

not  to  be  included  in  weight  of  article 263,350 

using  false  marks 332 

Wyoming,  laws 529 


Yard,  number  of  square  yards  in  acre 335 

substituted  for  vara 310 

value  derived  from  meter 6 


Zinc,  number  of  pounds  to  ton 242 

penalty  for  fraudulent  weighing 942 


o 


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